Civil Revision No. 844 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 844 of 2009 Date of decision: 5.05.2009. State of Punjab and another Petitioners Versus Sukhdev Singh ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. H.S.Gill, Deputy Advocate General, Punjab for the petitioners. Mr. C.L.Verma, Advocate for the respondent. ***** S.D.ANAND, J. The learned Trial Court declined the plea of plaintiff- respondent for the restraint of defendants-petitioners from interfering in the latter's possession on the suit property and from drawing water from well installed in the disputed Khasra Nos. However, in appeal, the order was reversed by the learned Additional District Judge, Hoshiarpur. The learned Ist Appellate Court allowed the appeal and stay application as well and restrained the defendants-petitioners from interfering with “the ownership or possession of the plaintiff over land in dispute as well as well installed therein or to draw water out of the said well, forcibly, illegally and otherwise than due course of law.” There is a finding recorded by the learned Ist Appellate Court that the plaintiff-respondent has been found to be owner in Civil Revision No. 844 of 2009 -2- **** possession of land bearing Khasra No.1700/1 and that the petitioners-defendants did not appear to have acquired any part of that land in accordance with law. The plaintiff-respondent who was Sarpanch of the village Panchayat at the relevant point of time, gave that land to defendants- petitioners in his capacity as Sarpanch. However, the Gram Panchayat had nothing to do with the proprietory or possessory title of that land. It was on that premise that the appeal was allowed by the learned Ist Appellate Court. Learned State counsel is not in a position to persuade me to take a view different from the view taken by the learned Ist Appellate Court. The petition is held to be devoid of merit and is ordered to be dismissed. However, in the peculiar circumstances of the case, the learned Trial Court is directed to dispose of the trial within three months from the next date of hearing. May 05, 2009 (S.D.Anand) Pka Judge