CMPMO No. 590 of 2009 18.11.2009 Present: Mr. G. R. Palsra, Advocate, for the petitioners. Mr. Lovneesh Kanwar, Advocate, for the respondent. CMPMO No. 590 of 2009 and CMP No. 847/2009 Admittedly the petitioner herein as plaintiff had earlier filed a Civil Suit No. 130 of 2007 (dated 26.6.2007) for declaration and injunction on the basis of his having perfected his title by way of adverse possession. Importantly no interim relief had been granted to him in the said suit. However with respect to the very same land, plaintiff subsequently filed another suit, though against another defendant who is a subsequent purchaser, on the ground that his father was the recorded owner of the suit premises and as such he derived his title from him. Obviously the plaintiff has been taking contradictory pleas in both the suits which are pending adjudication. Be that as it may be, the Courts below have not granted any interim stay and the applications stood dismissed. The Court below has correctly appreciated the material on record. There is nothing on record to prove that the plaintiff was in occupation of the suit premises. The Court below has found the plaintiff to have not sufficiently pleaded and prima facie established the essential ingredients required for granting the discretionary relief of injunction in his favour. No strong prima facie case is made out by the plaintiff in his favour. Hence the present petition is dismissed. Interim order dated 20.10.2009 is vacated. Record of the Court below be sent back immediately. (Sanjay Karol), Judge. November 18, 2009 (PK)