CR No.5445 of 2000 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5445 of 2000 Date of Decision: 1 - 9 - 2009 Isham Singh ....Petitioner v. Raghbir Singh and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Vikram Singh, Advocate for the petitioner. Mr.Johny Goyal, Advocate for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) On 9.8.2004, this Court had passed the following order:- “The present revision petition is by the defendant aggrieved against the order passed by the learned trial court to provide police help although the appeal against the order of ad- interim injunction was pending before the first Appellate Court. In a suit for permanent injunction filed by the plaintiff Raghbir Singh, learned trial court vide order dated 14.8.1999 passed an order restraining the defendants from interfering into the peaceful possession of the plaintiff. Appeal against the said order was filed by the petitioner which came up for hearing CR No.5445 of 2000 [2] before the Additional District Judge on 1.9.1999 when the parties were directed to maintain status quo regarding actual possession. However, the plaintiff filed an application Annexure P.4 before the trial court, even though the appeal before the first Appellate Court was pending seeking police help. Said application was contested by the petitioner wherein it was stated that, in appeal, the order of status quo has been passed by the first Appellate Court. Subsequently, the order of status quo was brought to the notice of the S.H.O., Police Station Nissing on 9.10.2000 as is apparent from the report of S.H.O., Annexure P.6. However, the police authorities on 15.10.2000 handed over the possession of the premises to the plaintiff. The entry of rapat roznamcha has been attached by the petitioner as Annexure P.7. It is pointed out that the appeal before the first Appellate Court was pending on 15.10.2000 wherein the order of status quo was operative still the possession has been handed over to the plaintiff in contravention of the order passed by the first Appellate Court. Learned counsel for the respondent-plaintiffs seek some time to verify the reports Annexure P.6 and P.7. Adjourned to 17.8.2004. The respondents shall remain present in the court on the said date. Shri Hari Kailash,S.H.O., Police Station Nissing is also directed to remain present on the said date. The date of hearing be communicated to the S.H.O., Nissing through the Superintendent of Police, Karnal. A copy of the order be given dasti to the petitioner on CR No.5445 of 2000 [3] payment of usual charges.” The present revision petition was instituted on 4.12.2000. The grievance of the petitioner is that during the pendency of the appeal against ad-interim injunction, learned Additional District Judge, Karnal on 1.9.1999 had directed the parties to maintain status quo regarding actual possession. However, when the order of status quo was operating, with the help of police, the petitioner was dispossessed. Thus, the petitioner prays that ad- interim injunction which was modified by the Appellate Court be given effect and his possession be restored. Before this prayer could be considered, counsel for the parties have stated that the main suit itself had been decided and is now subject matter of an appeal, therefore, ad-interim injunction granted during the pendency of the suit has lost its affect. In view of this, present petitioner is relegated to raise all pleas before the Appellate Court and same shall be dealt with in accordance with the provisions of law along with the pleas, which have been raised by the petitioner in the present revision petition. The appeal shall also be decided by the concerned Court within three months after the receipt of certified copy of this order. With these observations, present revision petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) September 1, 2009 JUDGE RC