CR No.7129/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7129/2011(O&M) Date of decision: 01.12.2011. Naranjan Singh and another ....................Petitioners v. Surinder Singh and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Brijender Kaushik,Advocate for the petitioners. Jaswant Singh.J.(Oral) CM Nos.28603-04-CII/2011 allowed subject to all just exceptions and copy of order dated 11.7.1983 passed by the Consolidation Officer, Hoshiarpur is taken on record as Annexure P8. CR 7129/2011 Plaintiffs/petitioners have in the present revision petition under Article 227 of the Constitution assailed the order dated 9.6.2010 (P5) whereby their application under Order 39 Rules 1 and 2 CPC filed alongwith injunction suit has been dismissed; and further prayer is for setting aside the judgement/order dated 4.6.2011(P6) whereby in appeal order dated 9.6.2010(P5) has been affirmed while dismissing the appeal. CR No.7129/2011(O&M) 2 Plaintiffs/petitioners had filed a suit for declaration that they are owners in possession of the land measuring 16 marlas fully described in the head note of the plaint, with a further prayer for declaring mutation dated 10.9.1975 depicting the said 16 marlas to be a rasta with consequential relief of injunction against defendants from interfering in the possession over the area whereby allegedly plaintiffs have sown their crops. It is apparent that both the courts have denied temporary injunction to the plaintiffs/ petitioners finding no prima facie case in their favour. After hearing the learned counsel for the plaintiffs/petitioners, I find no ground to exercise jurisdiction of this Court under Article 227 of the Constitution. It is apparent that the defendants had filed an application under Section 47 of The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,1948 for providing a passage from the fields of the plaintiffs for approach to their fields. The Consolidation Officer vide orders dated 12.12.1973 and subsequent order dated 10.9.1975 provided a passage from the fields of plaintiffs for approach to the fields of defendants. It is further not disputed that the predecessor-in-interest of the plaintiffs had filed an application for setting aside the orders dated 12.12.1973 and 10.9.1975 which was decided vide order dated 31.12.1982 whereby the matter was remanded to make a thorough probe and decide the issue. From the subsequent order dated 11.7.1983(P8) placed on record by the plaintiffs/petitioners it is evident that on remand the objections of the CR No.7129/2011(O&M) 3 predecessor-in-interest of the plaintiffs were dismissed. Thus, it is evident that the rasta/passage provided from the fields of the plaintiffs stood decided as far back in 1982. In these facts, learned counsel for the plaintiffs/petitioners is unable to point out any infirmity in the orders passed by the courts below while refusing temporary injunction. Dismissed. 01.12.2011 (Jaswant Singh) joshi Judge