CR No.7018 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7018 of 2009 (O&M) DATE OF DECISION: 30.11.2009 **** Municipal Corporation, Faridabad & another . . . . Petitioners VS. Charan Dass and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Sanjeev Kaushik, Advocate for the petitioners ***** SURYA KANT J. (ORAL) 1) This revision petition is directed against the orders dated 13.03.2009 passed by the Civil Judge (Senior Division), Faridabad and dated 25.05.2009 passed by the Additional District Judge, Faridabad, whereby, an application under Order 39 Rule 1&2 CPC moved by the respondent-plaintiffs to restrain the petitioner from interfering with the possession over the suit land, has been allowed and the petitioner-Corporation’s appeal against the said order has also been dismissed. 2) The respondent-plaintiffs have filed a suit for declaration to the effect that they have acquired occupancy rights over the suit land situated within the revenue estate of Village Jharasaintli, Tehsil Ballabhgarh, District Faridabad, which the Corporation claims to have vested in. CR No.7018 of 2009 - 2 - 3) The Courts below, having regard to the entries made in the Revenue records comprising Jamabandis for the years from 1971-72 to 2001-02, have observed that the respondent- plaintiffs are in possession of the suit land. The ad interim injunction has been, accordingly, granted. 4) I have heard learned counsel for the petitioner at some length and perused the impugned orders. 5) In my considered opinion, the impugned orders warrant no interference by this Court in exercise of its revisional jurisdiction as the Courts below have injuncted the petitioner after taking notice of the well-settled principles like prima facie case, balance of convenience and irreparable loss and injury likely to be suffered. 6) At the same time, it would be expedient and in the interest of justice if the Civil Court can expedite the disposal of the suit. Consequently, the revision petition is disposed of with a direction to the learned Civil Court at Faridabad to make an endeavour to decide the Civil Suit as early as possible and preferably within 2 years. 7) Dasti. (SURYA KANT) JUDGE 30.11.2009 vishal shonkar