Civil Revision No.816 of 2010(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Civil Revision No.816 of 2010(O&M) Date of Decision:-01.08.2011 Surjit Singh. ......Petitioner. Versus Caliarian Co. Properties Ltd. & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. B.N. Sehgal, Advocate for the Petitioner. Mr. Puneet Jindal, Advocate for the Contesting Respondent no.1. *** JASWANT SINGH, J.(ORAL) Plaintiff/petitioner in the instant revision petition has assailed the order dated 01.05.2009(P-3) and the Appellate Order dated 17.11.2009 (P-5) whereby the Courts below have refused to grant any injunction against the defendants in application under Order 39 Rules 1 & 2 CPC. It is submitted that the petitioner being the co-sharer in the joint land had filed a suit for separate possession by way of partition and permanent injunction. The injunction was sought since defendant/respondent no.1 who had purchased the share of the defendants/ respondent nos.2 to 4 i.e. brothers of the petitioner/plaintiff in the joint khewat were threatening to change the nature of the joint land by raising construction and thus amounting to ouster of the petitioners. In the written Civil Revision No.816 of 2010(O&M) #2# statement the defendants have taken up a plea that the petitioner/plaintiff has not been able to show as to how he has been recorded as the owner of the joint property to the extent of his share in the revenue records. At the time of arguments learned Counsel for the respondent/caveator points out that as on today, the evidence of the petitioner/plaintiff is over and the suit is at the stage of recording of the evidence of the defendant/respondents. He further submits on instructions from authorised person i.e. Mr. Manmohan Singh of his client that they would have no objection if the present revision petition is disposed of with the direction that any construction made by the respondents would not vest any equitable right in them or so as to gain any advantage during partition proceedings. Learned Counsel for the petitioner/plaintiff has agreed to the aforesaid submission. In view of the agreed stand of the parties, present revision petition is disposed of with the modification in the impugned orders that construction, if any, made would be subject to final partition with no advantage being claimed by the party raising the construction. The trial Court is further directed to expedite the conclusion of the trial. Disposed of in the above terms. ( JASWANT SINGH ) JUDGE August 01, 2011 Vinay