CR No. 5584 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No. 5584 of 2009 Date of decision:- 16.12.2010 Rati Ram ....Petitioner. Vs. Hari Ram ....Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present:- Mr. Shiv Kumar, Advocate, for the petitioner. Mr. A.S. Chadha, Advocate, for the respondent. HEMANT GUPTA, J (ORAL) ****** The defendant is in revision aggrieved against an order passed by the learned first Appellate Court on 03.09.2009, whereby the defendant-petitioner was restrained from raising any construction over the joint property. A perusal of the site plan, produced by the plaintiff before the learned trial court, shows that four shops have been constructed on Delhi-Mathura road, whereas the remaining portion at the rear of the said shops has been partitioned in equal shares with 8 feet wide common open street. The petitioner has got his portion in the middle of the property, whereas the portion immediately behind the shops is stated to have fallen to the share of the plaintiff where the defendant is purportedly raising construction. CR No. 5584 of 2009 2 Keeping in view the site plan, it transpires that the area behind the shops has been equitably distributed and each of the three brothers have got equal shares, whereas the defendant- petitioner intended to raise construction over the share of the plaintiff. In view of the said fact, I do not find any patent illegality or irregularity in the order passed by the learned first Appellate Court, which may warrant any interference by this Court in exercise of its revisional jurisdiction. Petition dismissed. Needless to say that any observations made in the aforesaid order will not be taken into consideration by the learned trial Court while deciding the suit on merits. (HEMANT GUPTA) 16.12.2010 JUDGE aj