Civil Revision No.5431 of 2008 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.5431 of 2008 Decided on : July 07, 2009 Faquir Chand and others ... Petitioners VERSUS Sunder Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Lal Singh Sandhu, Advocate for the petitioner. Mr.B.S.Mittal, Advocate. A.N.JINDAL, J.- This petition is directed against the order dated 29.8.2008 passed by Additional District Judge, Sirsa, accepting the appeal of the plaintiff – respondent Sunder Singh (herein referred as `the respondent') and restraining the defendants – petitioners (herein referred as `the petitioners') from obstructing the respondent from passing through the land comprised in Killa No.15 of Rect.No.13 and Killa No.11, 10, 1 and 2 of Rect.No.12, situated in the area of village Bhangu, Tehsil and District Sirsa, during the pendency of the suit. In brief, the facts of the case are that the respondent filed a suit against the petitioners pleading that the petitioners are owners of the land comprised in Rect.No.12, Killa No.1,2,3,4, 10 and 11 and Rect.No.13 Killa Civil Revision No.5431 of 2008 [ 2 ] No.15. A path was sanctioned during consolidation to approach that land, which touched Killa No.15, Rect. No.13. The respondent claimed himself to be the tenant over the land comprised in Killa No.3 (8-0), 4(1-16), comprised in Rect.No.12 on 1/3rd `batai' under the petitioners and he has been using a path passing through Killa No.15 of Rect.No.13 and Killa No.11, 10, 1 and 2 of Rect.No.12. Now, the petitioners have tried to stop the respondent to approach the land under his cultivating possession through the afore- mentioned Killa No.15 of Rect.No.13 and Killa No.11, 10, 1 and 2 of Rect.No.12. The Trial Court while holding that there was no prima facie case in favour of the respondent declined to grant injunction, whereas, the Appellate Court while accepting the appeal, set aside the said order and restrained the petitioners from obstructing the respondent to approach the land in his cultivating possession through Killa No.15 of Rect.No.13 and Killa No.11, 10, 1 and 2 of Rect.No.12, situated in the area of village Bhangu. Heard. It has been specifically pleaded by the petitioners that there existed no passage through the land in Killa No.15 of Rect.No.13 and Killa No.11, 10, 1 and 2 of Rect.No.12 and the respondent has also specifically denied if there is any passage through these killas, but it is not disputed that the respondent is in cultivating possession of the land comprised in Killa No.3 (8-0), 4(1-16), comprised in Rect.No.12. Then, certainly in order to approach these killas, he must be using some area. In any case, it still to be Civil Revision No.5431 of 2008 [ 3 ] adjudicated, whether the passage which the respondent has allegedly been using since long for reaching his land is the sole passage or a passage temporarily made available to facilitate him, but one thing which can not be disputed is that the respondent cannot be denied his right to enter the land in his cultivating possession, particularly in view of the fact that there is no other passage for the said piece of land. Resultantly, without commenting on the merits of the matter, finding no grounds to interfere, the petition is hereby dismissed. July 07, 2009 ( A.N.JINDAL ) `gian' JUDGE