IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1372 of 2009 Date of decision: 10.3.2009 Chander Singh ......Petitioner Versus Gram Panchayat ......Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Arvinder Arora, Advocate for the petitioner. * * * Rakesh Kumar Garg, J.(Oral) This is plaintiff's revision petition challenging the impugned order dated 30.5.2008 passed by the Additional Civil Judge (Sr. Division), Gohana and order dated 30.1.2009 passed by the District Judge, Sonepat whereby his application filed under Order 39 rules 1 and 2 CPC for grant of ad interim injunction restraining the respondent from interfering into his peaceful possession during the pendency of the civil suit has been, dismissed. According to the petitioner, he is in possession of the suit land on the basis of a compromise with the respondent-Gram Panchayat and also in his own right, as he has set up a manger for tethering his cattle and collecting cow dung and firewood etc. at the site in dispute for the last so many years and therefore, there is prima facie good case in his favour as he has fulfilled all the necessary ingredients for grant of ad interim injunction and is entitled to the same. I have heard learned counsel for the petitioner. While dismissing the application for grant of ad interim injunction, the Courts below have found that he is not proved to be in actual physical possession of the disputed piece of land and his possession, which is alleged to be there, is only casual in nature. The plea of the CR No.1372 of 2009 -2- petitioner that he has set up a manger for tethering his cattle and collecting cow dung and firewood etc. at the site in dispute would merely amount to user of the property and certainly not prove his actual physical possession. Thus, I find no merit in this revision petition. Dismissed. March 10, 2009 (RAKESH KUMAR GARG) ps JUDGE