C.R. No. 5823 of 2006 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5823 of 2006 (O&M) Date of Decision: 10.2.2009 Smt. Sumitra Devi ....Petitioner Versus State of Haryana and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. SS Dinarpur, Advocate for the petitioner. Mr. Navneet Singh, AAG Haryana. Mr. Rajesh Lamba, Advocate for respondents No.2 and 3. RAJESH BINDAL J **** The challenge in the present petition is to the order passed by the learned lower appellate Court whereby in an application filed under Order 39 Rules 1 and 2 CPC, the interim injunction granted by the learned trail Court in favour of the petitioner, was vacated. Learned counsel for the petitioner submitted that the petitioner is in possession of the property having purchased it from the father of respondent No.4 late Sh. Paramanad Tuli vide agreement to sale dated December 20, 1970 and the entire sale consideration was paid. She is in possession of the property since then whereas the stand of respondent No.2 is that the site in question is part of T.P. Scheme No. 4-A and this land vest in Municipal Committee. In the aforesaid T.P. Scheme this khasra number has been shown to be a public park and infact has been developed as such by the Municipal Committee in the residential area. It is further stated before Court that the evidence of the petitioner/plaintiff has already been completed and the case is now fixed for cross examination of PWs. As the site in question is still lying open with no construction raised thereon except a boundary wall and also the fact that this Court while issuing notice of motion on November 6, 2006, had directed the parties to maintain status-quo regarding possession. It is directed that both the parties to the suit shall not raise any construction on the suit land which is presently stated to be a park. The trial Court is directed to expedite the hearing of the suit and may dispose of the same within one year. The petition is disposed of accordingly. (RAJESH BINDAL) 10.2.2009 JUDGE Reema