CR No.3326/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.3326/2011 Date of decision: 19.05.2011. Bhim Singh ....................Petitioner v. Dharminder Sharma and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.RM Singh,Advocate for the petitioner. Jaswant Singh.J.(Oral) Plaintiff/petitioner who has filed a suit for permanent injunction against the respondents from forcibly dispossessing him from the suit land where his Saw Mill is functioning, has approached this Court under Article 227 of the Constitution assailing the order dated 11.5.2011 passed by the District Magistrate, Shaheed Bhagat Singh Nagar, directing the subordinate police authorities to get the possession of the suit property at the instance of the defendants. Learned counsel for the petitioner submits that in the said suit, an application under Order 39 Rule 1 and 2 CPC is pending consideration and no order has been passed since the defendants have not yet been served. It is further submitted that a Local Commissioner was also appointed during the pendency of the application who has CR No.3326/2011 2 reported the possession of the plaintiff/petitioner. It is then submitted that in the face of the pending application under Order 39 Rules 1 and 2 CPC, the District Magistrate has absolutely no jurisdiction to pass such an order and also in the manner as directed. After arguing for sometime, learned counsel seeks permission to withdraw the instant revision petition with liberty to petitioner to seek appropriate remedy in accordance with law. Ordered accordingly. 19.05.2011 (Jaswant Singh) joshi Judge