C. R. No. 5962 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 5962 of 2008 Date of Decision : May 06, 2010 Jagjit Singh and another .... Petitioners Vs. Tara Singh .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. R. S. Bajaj, Advocate for the petitioners. Mr. Harsh Bunger, Advocate for the respondent. * * * L. N. MITTAL, J. (Oral) : Aggrieved by order dated 29.07.2008, passed by learned Civil Judge (Junior Division), Jalandhar, thereby dismissing defendant's application filed under Section 10 of the Code of Civil Procedure (in short – CPC) for staying of suit titled Tara Singh vs. Jagjit Singh and another, defendants have invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail the said order. Plaintiff-respondent Tara Singh earlier filed suit against C. R. No. 5962 of 2008 2 petitioner Jagjit Singh (defendant no.1 in that suit) and others vide plaint Annexure P-1 seeking declaration that the plaintiff is owner in joint possession of the suit property. Correction of revenue entries was also sought. Sale deeds executed by petitioner herein in favour of Dilbag Singh (defendant no.3 of that suit) and in favour of Mohinder Singh (predecessor of defendant no.2 of that suit) were also challenged in that suit. Injunction restraining the defendants in that suit from alienating the suit land was also prayed. Later on, plaintiff Tara Singh filed suit vide plaint Annexure P- 2 against Jagjit Singh and his son Manjinder Singh – defendant-petitioners, seeking permanent injunction restraining the defendant from changing the nature of suit land by digging earth and by raising construction over the suit land illegally or forcibly or in any other manner till partition of the suit land by metes and bounds. Stay of subsequent suit for injunction was claimed on the basis of pendency of earlier suit for declaration and permanent injunction. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner states that temporary injunction till final disposal of the suit, vide plaint Annexure P-2, may be granted to the effect sought in the plaint and thereupon, the said suit may be stayed under Section 10 CPC till final decision of the earlier suit instituted C. R. No. 5962 of 2008 3 vide plaint Annexure P-1. Learned counsel for the plaintiff-respondent has no objection to the same. It is ordered accordingly. The revision petition stands disposed of accordingly. May 06, 2010 ( L. N. MITTAL ) monika JUDGE