CWP No.13068 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13068 of 2011 Decided on:- 25.07.2011 Jug Lal and another ......Petitioners Versus The Commissioner Municipal Corporation Gurgaon and others .......Respondents CORAM HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. Sanjay Viz, Advocate for the petitioners. **** ALOK SINGH, J(Oral) Learned counsel for the petitioners has vehemently argued that the petitioners have filed civil suit before the competent civil Court Gurgaon, (Annexure P2) seeking permanent injunction against the respondents no.7 to 22 in the present petition. He further contends that before civil court, an undertaking was furnished by learned counsel for the defendants that defendants shall not raise any construction over suit property. On the basis of statement made by learned counsel for the defendants, learned Civil Judge had passed the restraint order against the defendants not to interfere in the possession of the plaintiff. As per learned counsel for the petitioners, despite of undertaking furnished by learned counsel for the defendants and restraint order passed by learned Civil Judge, dated 9.9.2010, respondents no.7 to 22 herein have encroached upon the suit property and have raised the multi storeyed construction over the suit property and over their own property even without getting the map sanctioned from the Municipal Corporation, Gurgaon. He states that petitioners have already filed an appropriate petition under order 39 rule 2 A of the Code of Civil Procedure before the Civil Court complaining the encroachment and construction over the suit property in violation of the restraint order. Learned counsel for the petitioners has vehemently argued that Municipal Corporation is not taking any action against the illegal construction, despite of moving many applications before the Municipal Corporation, therefore, Municipal Corporation be directed to pull down CWP No.13068 of 2011 2 constructions raised by the private respondents without getting any map sanctioned. In the opinion of this Court, civil suit is pending between the petitioners and private respondents involving the question as to whether suit land owns and possess by the petitioners or defendants (respondents no.7 to 22) therefore, Municipal Corporation should not be directed to find out if any part of the constructions is over the property owned by the petitioners/plaintiffs. This question can be adjudicated by the Court hearing suit and petition under Order 39 Rules 2-A of the Code of Civil Procedure. Parties can raise all the points in the pending suit and proceedings under Order 39 rule 2-A of the Code of Civil Procedure. Civil Judge, Gurgaon hearing the case No. 348/ 4.9.2010 and petition under Order 39 rule 2A of the Code of Civil Procedure shall make every efforts to decide the petition under Order 39 rule 2A of the Code of Civil Procedure as well as the suit preferably within six months from the date certified copy of this order is placed before him. Learned Civil Judge, if comes to the conclusion that suit land has been encroached upon by the defendants in violation of the undertaking and interim order, shall direct order of the status quo ante. Petition stands disposed of accordingly. 25.07.2011 ( ALOK SINGH) mamta JUDGE