IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 71 of 2009 (O&M) Date of Decision: 12.1.2009. Gurdit Singh and others ....Petitioners Versus Shiv Kumar and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.SPS Sidhu, Advofate for the petitioners. RAJESH BINDAL, J. **** The petitioners have approached this court challenging the order passed by learned trial court dismissing the application for interim injunction in an application filed under Order 39 Rules 1 and 2 CPC. The submission is that though the appeal has been filed against the order of learned trial Court before the learned lower Appellate Court, the interim injunction has been rejected therein and the appeal is now fixed for 22.1.2009. The submission is that the petitioners have prima-facie good case as the respondents No.1 to 3 are in the process of raising construction on the portion of land which is not owned by them as they have encroached the area owned by Municipal Council, which is part of a public street. Considering the fact that the appeal against the order passed by the learned Trial court in the stay application filed by the petitioners is still pending before learned lower Appellate Court, I do not find any reason to interfere at this stage. However, learned Lower Appellate court may dispose of the appeal pending before it expeditiously. Dismissed. (RAJESH BINDAL) 12.1.2009 JUDGE Reema