C.R. No.6484 of 2008 1 ****** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No.6484 of 2008 (O&M) Date of Decision : 19.07.2010 Gian Chand Garg .......... Petitioner Versus Daljit Singh Sheokand ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Sanjiv Gupta, Advocate for the petitioner. Mr. Hari Om Attri, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) The petitioner has challenged the order dated 7.8.2010, passed by the learned Addl. District Judge-I, Jind vide which the application moved by the plaintiff / petitioner under Order 39 Rules 1 & 2 of the Code of Civil Procedure seeking injunction against the respondent for demolishing the construction raised on the area of 53.34 sq. yards stands declined. The learned trial Court had restrained the respondent from demolishing the property in dispute. The question of allotment / ownership of the plot in dispute is under consideration with the Haryana Urban Development Authority, therefore, it would be for the Haryana Urban Development Authority to take decision as to whom is to be allotted the area in dispute i.e. the plaintiff or the respondent. The question is whether C.R. No.6484 of 2008 2 ****** respondent can be permitted to demolish the construction raised by the plaintiff on the land belonging to the Haryana Urban Development Authority, merely on the ground, that the respondent is eligible to get it allotted, as per the Policy of the Haryana Urban Development Authority. At the time of hearing, Mr. Hari Om Attri, the learned counsel appearing on behalf of the respondent undertook not to demolish the construction raised by the plaintiff / petitioner, on the ground that he will press the application for allotment of area to the respondent in accordance with law, which is pending with the Haryana Urban Development Authority, and will take steps to get it demolished by approaching the competent authority in accordance with law, if so permitted. In view of the stand taken by the learned counsel for the respondent, this revision petition has been rendered infructuous. Disposed of accordingly. 19.07.2010 (VINOD K. SHARMA) 'sp' JUDGE