Civil Revision No. 7552 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7552 of 2011 Date of decision:-07.12.2011 Harbans Kaur and another ...Petitioners Versus Manjit Kaur alias Sukhwant Kaur ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sanjay Kaushal, Advocate for the petitioners. RITU BAHRI J. This civil revision under Article 227 of the Constitution of India is for setting aside the order dated 5.10.2011 passed by the Additional District Judge, Ludhiana (Annexure P-2) vide which the appeal against the dismissal of the application under Order 39 Rules 1 and 2 CPC has been allowed. The plaintiff was married with Devinder Singh son of Santokh Singh. Devinder Singh died on 12.11.2004. The plaintiff filed a suit against her father-in-law for declaration challenging the document dated 25.2.2005 being illegal, null and void. An application for restrict the defendants from alienating the suit land during the pendency of the suit was filed. The application was dismissed by the trial Court vide order dated 10.11.2005. The plaintiff could not prove that the Civil Revision No. 7552 of 2011 -2- property was ancestral in nature. Hence, her application under Order 39 Rules 1 and 2 CPC was dismissed. The appeal was partly allowed and the defendants were restrained from alienating the land measuring 4 Bighas-19 Bighas comprised of Khasra No.547(5-5) 1718/549 (3-17), 1721/550-651-558 (12- 13), 115 (5-0) and Khasra No.555-556 (12-10) during the pendency of the suit. Husband of the plaintiff namely Devinder Singh had purchased about 4 Bighas of land from Balwinder Singh. After his death the plaintiff has got the right title and interest in the aforesaid land. The balance of convenience lies in favour of the appellant. No ground to interfere in the order dated 05.10.2011 (Annexure P-2) is made out. The civil revision is dismissed. December 07, 2011 ( RITU BAHRI ) Vijay Asija JUDGE