IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2947 of 2010(O&M) Date of Decision: April 19, 2011. Gurudwara Sahib Singh Sabha, Village Amargarh. ...... PETITIONER(s) Versus Govt. Senior Secondary School, Village Amargarh. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Jasbir Rattan, Advocate for the petitioner. Ms. Kavita Arora, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 12.01.2010, Annexure P1 passed by learned District Judge, Sangrur vide which appeal filed by the respondent-plaintiff was accepted and while reversing the order passed by learned trial Court on application of respondent-plaintiff filed under Order 39 Rules 1 and 2 CPC, present petitioner was restrained from interfering in the possession of the respondent-plaintiff over the suit property, forcibly and otherwise than in due course of law. CR No.2947 of 2010 I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned courts below. Brief facts relevant for the decision of the present revision petition are that, suit for permanent injunction was filed by respondent- plaintiff against present petitioner-defendant seeking injunction against him restraining from interfering in the possession over the premises in dispute. A Local Commissioner was appointed with the consent of both the parties by learned trial Court who has given his report, Annexure P5. As per report of Local Commissioner there is a room constructed by present petitioner on the land in dispute and there is also a building of school which is old one. Admittedly land in dispute is not an agricultural land. In view of these facts, when both the parties are claiming possession and when even as per report of Local Commissioner, both the parties are in possession of a portion of the land in dispute hence, both the parties are directed to maintain status quo qua possession over property in dispute during the pendency of suit. The impugned order is modified to that extent. However, it is made clear that nothing observed herein shall be having any bearing on the decision of this case on merit by learned trial Court. Disposed of accordingly. ( RAM CHAND GUPTA ) April 19, 2011. JUDGE 'om' 2