IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3368 of 2008(O&M) Date of decision: 25.3.2010 Ram Murti and another ......Petitioner(s) Versus Des Raj and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Malkeet Singh, Advocate for the petitioners. Mr. Ashish Aggarwal, Advocate for respondents No.1 and 2. Rakesh Kumar Garg, J. (Oral) CM No.11482-CII of 2008 Application is allowed subject to all just exceptions. CR No.3368 of 2008 This is plaintiffs' revision petition challenging the orders of the Courts below declining their prayer for grant of ad interim injunction during the pendency of the suit for declaration and permanent injunction restraining the defendants from alienating and interfering in their possession over the agricultural land in dispute. It is not in dispute that the parties to the suits are co-sharers of the agricultural land in dispute. Counsel for the respondents has submitted that in fact, the civil suit itself is not maintainable in view of the fact that partition proceedings before the Revenue Authorities are complete. However, counsel for the petitioners has submitted before this Court that the aforesaid revenue proceedings are liable to be set aside being violative of principles of natural justice as there is no proper and effective service upon the petitioners. CR No.3368 of 2008(O&M) -2- Be that as it may, keeping in view the fact that the Civil Court has framed the issues and one of the issues is with regard to the jurisdiction of the Civil Court in the present suit, the parties are agreed that let the aforesaid issue be decided as a preliminary issue. Let the Civil Court decide issue No.6 with regard to jurisdiction as a preliminary issue within three months from today. Till then, status quo with regard to possession shall be maintained by the parties. With the aforesaid observations, this revision petition is disposed of. March 25, 2010 (RAKESH KUMAR GARG) ps JUDGE