Civil Revision No. 8110 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 8110 of 2010 Date of Decision: 03.08.2011 *** The Pathankot Improvement Trust & Anr. .. Petitioners Vs. Suraj Kohli .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Ankur Mittal, Advocate for the petitioners. Mr. Anand Chibbar, Advocate for the respondent. *** ARVIND KUMAR, J. Both the Courts below have granted the relief of ad-interim injunction in favour of the plaintiff-respondent and have restrained the petitioner-defendants from interfering in the peaceful possession of the plaintiff over the shop in dispute during pendency of the suit. Dis-satisfied with the same, instant revision petition has been filed. Heard. According to the petitioners, the plaintiff-respondent though was given the permission to change the roof of the old shop and the verandah in front of the shop for temporary shed, but he unauthorizedly constructed the concrete roof by laying lintel thereupon. It is apparent from the records that the petitioners are not disputing the ownership of the plaintiff over the shop in dispute. The perusal of impugned order reveals that nothing was produced on record by them to show as to what extent the illegal construction had been raised. Even as per their own showing, vide letter dated 7.7.2006 the plaintiff was given permission to change the roof and was allowed to repair the walls, as per the site plan. In this view of the Civil Revision No. 8110 of 2010 2 matter, the contention raised by learned counsel for the parties has to be adjudicated upon, only on the basis of evidence adduced by the parties. At this juncture when ownership and possession of the plaintiff over the suit shop is not in dispute, the Courts below rightly restrained the petitioners from interfering in his peaceful possession over the shop in dispute, during pendency of the suit. There is no illegality or perversity in the impugned order. The revision petition, being without merit, is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE August 03, 2011 Jiten