Civil Revision No. 4506 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4506 of 2010 Date of Decision: 22.7.2010 Sardari Lal …Petitioner Versus Varinder Kumar and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vikas Mohan Gupta, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The version of the plaintiffs that there are two passages which connect the shop, has found favour with the lower Appellate Court. I have seen the site plan (Annexure P3) annexed in the present petition, with the able assistance rendered by learned counsel for the petitioner. I find no reason to differ with the following well reasoned finding as returned by the lower Appellate Court:- “...10. it is significant to note that in the earlier sale deeds dated 07.06.1994 which were executed in favour of predecessors in interest of the plaintiffs and defendants, it has been specifically mentioned that there are two 6' wide and one 8' wide common passages in the market. Although defendants have put forth a case to the effect that Indian Overseas Civil Revision No. 4506 of 2010 2 Bank has vacated the premises but it remains a fact that earlier the premises of the bank were located on the first floor and stair case existing in 8' wide passage was being used as an approach to the Indian Overseas Bank. The material on record indicate the existence of 8' wide passage on the southern side of the market which makes out a prima facie case in favour of the plaintiffs. The plaintiffs are running their business in one of the shops in the market which is being used as an approach to the plaintiffs. As such balance of convenience is in favour of the plaintiffs and they are likely to suffer an irreparable injury in the event of denial of grant of injunction”. The lower Appellate Court has rightly accepted the appeal and allowed the application filed under Order 39 Rules 1 and 2 CPC. Hence, no interference is warranted in the present revision petition and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge July 22, 2010 “DK”