IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.5353/2011 Date of decision: 05.10.2011. Sube Singh ....................Petitioner v. Inder Singh and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Yashwinder Paul Singh,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/plaintiff has filed the present revision petition under Article 227 of the Constitution directed against the order dated 28.4.2011 (P7) passed by the learned trial court whereby in his suit for permanent injunction his application under Order 39 Rules 1 and 2 CPC has been dismissed; further challenge is to the appellate order dated 14.6.2011 (P9) whereby the appeal against the order dated 28.4.2011 (P7) has been dismissed by the learned District Judge, Jind. It is apparent from the order passed by the learned trial court that temporary injunction was declined on the premise that the suit property was a part of land shown as gair mumkin johar, khasra no.217 owned by the Nagar Palika, Safidon and the petitioner was unable to show his possession over the same. Learned counsel has submitted that the learned appellate court has dismissed the appeal without considering the issues raised before it and solely on the basis that the petitioner was unable to show his title to the land. It is urged that the question to be seen was in respect of possession rather than title. It is, in any case, submitted that the impugned orders suffer from the vice of non-application of judicial mind as is evident from a bare reading of the orders. After hearing the learned counsel for the petitioner and without adverting to the contentions raised, this Court finds that the learned District Judge while passing the order dated 14.6.2011 (P9) has not considered the issues raised by the petitioner/plaintiff in appeal and therefore, to that extent the plea of the plaintiff/petitioner is accepted. It is apparent from the order that the same is laconic and thus deserves to be set aside. In view of the above, this revision petition is partly allowed and the appellate order dated 14.6.2011 (P9) is set aside with a direction to the learned District Judge to pass a fresh order on merits. The petitioner is directed to appear before the learned District Judge, Jind on 14.11.2011 and the learned District Judge shall pass a fresh order in accordance with law without being influenced by anything observed hereinabove. Disposed of in the above terms. 05.10.2011 (Jaswant Singh) joshi Judge