IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3655 of 2008 Date of decision: 2.2.2009 Biru alias Veer Bhan and another ......Petitioners Versus Gram Panchayat village Sirsi ......Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Maharaj Kmar, Advocate for the petitioners. * * * Rakesh Kumar Garg, J. This is plaintiffs' revision petition challenging the orders dated 3.6.2008 and 10.3.2005 passed by the Additional District Judge, Karnal and the Civil Judge (Jr. Division), Karnal whereby their application under Order 39 rules 1 and 2 of CPC for grant of ad interim injunction during the pendency of their suit has been dismissed. Brief facts of the case giving rise to this revision petition are that the plaintiffs filed a suit for declaration with consequential relief of injunction making averments that they are owners in possession of the suit land being proprietors and co-sharers of the village and were in possession of the disputed land continuously without any interruption. The plaintiffs further pleaded that the Assistant Collector, 1st Grade, Karnal, had passed order in their favour which was challenged by the defendant in an appeal and on which ejectment orders were passed on 21.7.2003. Aggrieved by the aforesaid order, the plaintiffs filed an appeal before the Collector, Karnal which was dismissed vide order dated 13.8.2003. On filing of a revision petition against the orders of the Collector, Karnal, the case was remanded on 19.2.2004 by the Commissioner directing that the proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for brevity the 'Act') be converted into proceedings under Section 13-A of the Act and the case be decided afresh. The Court of Sh. Raj Kumar Ravish, Assistant Collector, 1st Grade, Karnal decided the aforesaid case in favour of Gram Panchayat-defendant and the eviction of the petitioners was ordered vide order dated 14.1.2005. The order dated 14.1.2005 has admittedly become final and the same has been challenged by the petitioner by way of Civil Writ Petition No.10483 of 2008. In view of the aforesaid undisputed facts that the title of the suit has already been decided in favour of the defendant-Gram Panchayat by a competent Court under Section 13-A of the Act, whereby the ejectment of the plaintiffs-petitioners has been ordered in due course of law, no illegality can be found in the orders of the Courts below whereby the petitioners have been refused the relief of injunction. Dismissed. February 2, 2009 (RAKESH KUMAR GARG) ps JUDGE