IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7255 of 2008 Date of Decision: 30.7.2009 Jaan Pal Singh ....Petitioner. Versus Harvinder Singh and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. C.B. Kaushik, Advocate for the petitioner. AJAY KUMAR MITTAL, J. By way of instant revision petition under Article 227 of the Constitution of India, the plaintiff-petitioner has approached this Court raising a grievance against the order dated 15.2.2007 (Annexure P-1) passed by the trial court whereby an application filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for interim injunction was declined, which on appeal was affirmed by the lower appellate court vide order dated 13.5.2008 (Annexure P-2). The lower appellate court while affirming the order of the trial court had recorded that the defendants had brick lined the part of the passage and that the rasta was already in existence. It was further recorded that neither any photograph of brick lining at the spot nor any other piece of evidence was produced on the file to substantiate the averments of the plaintiff. Accordingly, the appeal as well as the application for initiating contempt proceedings was dismissed. CR No. 7255 of 2008 -2- No illegality or perversity could be pointed out by the learned counsel for the petitioner in the order passed by the lower appellate court which may warrant interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. Accordingly, there is no merit in this revision petition and the same is hereby dismissed. Nothing observed in this order shall be construed to be an expression of opinion on the merits of the case. July 30, 2009 (AJAY KUMAR MITTAL) gbs JUDGE