CR No.7575/2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7575/2010 Date of decision: 21.3.2011 Mohan Lal Bains ....................Petitioner v. Rattan Chand .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Naresh Kaushal,Advocate for the petitioner. Jaswant Singh.J.(Oral) Plaintiff/petitioner in the present revision petition under Article 227 of the Constitution has assailed the order dated 15.10.2007 whereby in a suit for permanent injunction against defendant-his real brother(Rattan Chand)- in the application under Order 39 Rules 1 and 2 CPC, temporary injunction has been declined and further order dated 6.8.2010 whereby the appeal filed against the order dated 15.10.2007 has also been dismissed. The dispute is with regard to the location of a Saw mill belonging to the plaintiff/petitioner in the land of his brother/defendant. It is asserted that in pursuance to an oral agreement, the petitioner/plaintiff was permitted to locate his Saw mill in the land situated in Balachaur, belonging to the defendant/respondent. CR No.7575/2010 2 Apprehending dispossession, the plaintiff filed a suit for permanent injunction against his brother. Both the courts below have declined temporary injunction. After hearing the learned counsel for the plaintiff/petitioner, I find no ground to interfere in the well reasoned orders passed by the courts below. The learned courts below have prima facie found that the Saw mill is not located in the suit land in view of his admission in another suit for declaration wherein plaintiff/petitioner Mohan Lal Bains has admitted that since June 2007 he has shifted his Saw mill in the land of one Navdeep Kumar, a neighbour of the defendant. In such circumstances, no ground for interference is made out. Dismissed. 21.3.2011 (Jaswant Singh) joshi Judge