C. R. No. 5961 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 5961 of 2008 Date of Decision : May 06, 2010 Jagjit Singh .... Petitioner Vs. Tara Singh .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. R. S. Bajaj, Advocate for the petitioner. Mr. Harsh Bunger, Advocate for the respondent. * * * L. N. MITTAL, J. (Oral) : Aggrieved by order dated 20.08.2008, passed by learned Civil Judge (Junior Division), Jalandhar, thereby dismissing defendant's application filed under Section 10 of the Code of Civil Procedure (in short – CPC) for staying of suit titled Tara Singh vs. Jagjit Singh, defendant Jagjit Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail the said order. Plaintiff-respondent Tara Singh earlier filed suit against C. R. No. 5961 of 2008 2 petitioner Jagjit Singh (defendant no.1 in that suit) and others vide plaint Annexure P-1 seeking declaration that the plaintiff is owner in joint possession of the suit property. Correction of revenue entries was also sought. Sale deeds executed by petitioner herein in favour of Dilbag Singh (defendant no.3 of that suit) and in favour of Mohinder Singh (predecessor of defendant no.2 of that suit) were also challenged in that suit. Injunction restraining the defendants in that suit from alienating the suit land was also prayed. Later on, plaintiff Tara Singh filed suit against Jagjit Singh – defendant-petitioner only, vide plaint Annexure P-2 seeking permanent injunction restraining the defendant from demolishing, obstructing the use/approach of the plaintiff to the electric tubewell bearing Account No. APK-189 of 5BHP, installed in the name of Chanan Singh (father of the parties) and from demolishing the construction in the suit land. Stay of subsequent suit for injunction was claimed on the basis of pendency of earlier suit for declaration and permanent injunction. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner states that temporary injunction till final disposal of the suit, vide plaint Annexure P-2, may be granted to the effect sought in the plaint and thereupon, the said suit may be stayed under Section 10 CPC till final decision of the earlier suit instituted C. R. No. 5961 of 2008 3 vide plaint Annexure P-1. Learned counsel for the plaintiff-respondent has no objection to the same. It is ordered accordingly. The revision petition stands disposed of accordingly. May 06, 2010 ( L. N. MITTAL ) monika JUDGE