In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 7750 of 2009 (O&M) The State of Haryana and another ... Petitioner vs Ishwar Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. D. Gupta, Additional Advocate General, Haryana, for the petitioners. Rajesh Bindal J. Challenge in the present petition is to the order passed by the learned Lower Appellate Court whereby the respondents-plaintiffs have been granted interim injunction in a suit filed for permanent injunction. Briefly the facts are that respondents-plaintiffs filed a suit for permanent injunction restraining the petitioners-defendants from interfering into their possession over the house in question in which they were residing. The area of the house as is mentioned in the order passed by the learned trial court is about 8 marlas. The trial court dismissed the application for interim injunction under Order 39 Rules 1 and 2 CPC whereas the learned Lower Appellate Court finding merit in the case of the respondents-plaintiffs granted interim stay. Learned counsel for the petitioners submitted that the land in question is a property owned by the gram panchayat. The respondents-plaintiffs were found in unathorised possession by the Assistant Collector 1st Grade, Jind, vide order dated 30.4.2007 and they were directed to be ejected. The suit was filed thereafter. The respondents-plaintiffs being not owner of the property were not entitled to interim stay. After hearing learned counsel for the petitioners and considering the fact that the respondents-plaintiffs have constructed their house on the land measuring 8 kanals which is allegedly encroached and are residing there for the last 30-35 years and in case, during the pendency of the suit, the interim stay is not granted and the house in question is demolished, the relief prayed for in the suit may be rendered infructuous. Considering the aforesaid facts, in my opinion, prima facie balance of convenience is in favour of the respondents /plaintiffs for grant of interim stay. Accordingly, the revision is dismissed. 23.12.2009 ( Rajesh Bindal) vs. Judge