CMPMO 196 of 2008. 14.11.2008 Present: Mr. Sanjeev Kuthiala, counsel for the petitioner. Mr. K.D.Sood, counsel for the respondents. The defendant is aggrieved by the order of the two Courts below granting an injunction to the plaintiff prohibiting and restraining the defendants from changing the nature of the entire suit land. The plaintiff had preferred an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure before the learned trial Court in which an injunction was prayed for regarding vacant land measuring 100 square meters which was a part of the suit land. The learned trial Court disposed of the application injuncting both the parties from raising any construction on the entire suit land. The learned appellate Court rightly notices in its order that the respondent (petitioner herein) has disputed the entries in the revenue record as also the ownership only with respect to 100 square meters of vacant land situated in front of his house. The Court then proceeds that the main dispute between the parties is about this vacant portion of land measuring 100 square meters. However, while dismissing the appeal, he maintains order of injunction with respect to the entire suit land. -2- It is undisputed before me that the dispute in this revision petition relates only to the vacant portion of land measuring 100 square meters. It is also not disputed before me that the parties will not object to raising of construction on their respective constructed portions which are in their possession, of course this will be subject to the final decision of the suit. In these circumstances, it is directed that the parties shall not change the nature of the suit land nor raise any construction on the vacant land as agreed to by the parties and which according to them measures 100 square meters, comprised in khasra Nos. 2756/2686/2221, situated in front of the house of the respondents. The existing structures including latrine shall not be demolished. The order of the Courts below is modified accordingly. Learned counsel for the respondents has placed on record photographs of the constructed portion on the disputed land. This construction is not disputed. This petition is disposed of accordingly. Pending applications shall stand disposed of. November 14, 2008 (PC). (Dev Darshan Sud), J.