CR-1041- 185 IN THE HIGH COURT OF PUNJAB AND HARYANA Hari Chand and another Charan Singh and others CORAM: Present: HARKESH MANUJA, J. (ORAL) laid to the order dated 16.11.2023 passed by learned Ad District Judge, Palwal, whereby order dated 07.10.2022 passed by the learned Additional Civil Judge (Sr. Division), Hodal was reversed. 2. injunction under Order 39 Rules 1 and 2 vide order dated 07.10.2023. -2024 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR Date of Decision: Hari Chand and another Versus Charan Singh and others CORAM: HON'BLE MR. JUSTICE HARKESH Present: Mr.Sachin Mittal, Advocate and Mr. Arnav Mittal, Advocate for the petitioners. Mr. Kunal Dawar, Sr. Advocate with Ms. Shruti Mandhotra, Advocate for the respondents. -.- HARKESH MANUJA, J. (ORAL) By way of present revision laid to the order dated 16.11.2023 passed by learned Ad District Judge, Palwal, whereby order dated 07.10.2022 passed by the learned Additional Civil Judge (Sr. Division), Hodal was reversed. The respondents/ plaintiffs filed a suit for permanent injunction, wherein their application for grant of interim injunction under Order 39 Rules 1 and 2 was declined by the learned trial Court vide order dated 07.10.2023. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1041-2024 (O&M) Date of Decision: 21.04.2026 …..Petitioners …..Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Sachin Mittal, Advocate and Mr. Arnav Mittal, Advocate ar, Sr. Advocate with Ms. Shruti Mandhotra, Advocate By way of present revision petition, challenge has been laid to the order dated 16.11.2023 passed by learned Additional District Judge, Palwal, whereby order dated 07.10.2022 passed by the learned Additional Civil Judge (Sr. Division), Hodal was reversed. tiffs filed a suit for permanent for grant of interim injunction filed was declined by the learned trial Court petition, challenge has been ditional District Judge, Palwal, whereby order dated 07.10.2022 passed by the learned Additional Civil Judge (Sr. Division), Hodal was reversed. tiffs filed a suit for permanent filed was declined by the learned trial Court SANJAY GUPTA 2026.04.22 19:13 I attest to the accuracy and integrity of this document CR-1041- 3. miscellaneous Additional District Judge, Palwal, vide order dated 16.11.2023. Paragraph 19 thereof, being relevant is extracted hereunder: 4. assailing the validity of order dated 16.11.2023 passed by the learned Additional District Judge, Palwal, wherein notice of motion wa on 01.08.2024. As a matter of record, the suit before the learned trial Court is now listed for hearing on 22.05.2026 for plaintiffs’ evidence 5. through the paper 6. revision petition is disposed of with a request to -2024 (O&M) [2] Aggrieved thereof, the respondents filed miscellaneous appeal which was allowed by the Court of learned Additional District Judge, Palwal, vide order dated 16.11.2023. Paragraph 19 thereof, being relevant is extracted hereunder: “19. Since the plaintiffs have been able to establish a good prima facie case, balance of convenience and inseparable loss in their favour, therefore, the defendants are restrained from changing the nature of the said rasta falling in rect. No. 140 and killa No. 9/2 and 12/1. The defendants are also restrained from the use of said rasta by the plaintiffs or any other person in any manner till the decision of the case. With these directions, the appeal is allowed. The record of the trial court along with copy of order be sent for compliance. be consigned to record room after due compliance.” The petitioners preferred the present revision petition assailing the validity of order dated 16.11.2023 passed by the learned Additional District Judge, Palwal, wherein notice of motion wa on 01.08.2024. As a matter of record, the suit before the learned trial is now listed for hearing on 22.05.2026 for plaintiffs’ evidence. I have heard learned counsel for the parties and gone through the paper-book. Both the ld. counsels are ad revision petition is disposed of with a request to Aggrieved thereof, the respondents filed civil appeal which was allowed by the Court of learned Additional District Judge, Palwal, vide order dated 16.11.2023. Paragraph 19 thereof, being relevant is extracted hereunder:- Since the plaintiffs have been able to establish a prima facie case, balance of convenience and inseparable loss in their favour, therefore, the defendants are restrained from changing the nature of the said rasta falling in rect. No. 140 and killa No. 9/2 and 12/1. The defendants are also restrained from creating any hindrance in the use of said rasta by the plaintiffs or any other person in any manner till the decision of the case. With these directions, the appeal is allowed. The record of the trial court along with copy of order be sent for compliance. Appeal file be consigned to record room after due The petitioners preferred the present revision petition assailing the validity of order dated 16.11.2023 passed by the learned Additional District Judge, Palwal, wherein notice of motion was issued on 01.08.2024. As a matter of record, the suit before the learned trial is now listed for hearing on 22.05.2026 being last opportunity I have heard learned counsel for the parties and gone ad-idem that in case the present revision petition is disposed of with a request to the learned trial Court civil appeal which was allowed by the Court of learned Additional District Judge, Palwal, vide order dated 16.11.2023. Since the plaintiffs have been able to establish a prima facie case, balance of convenience and inseparable loss in their favour, therefore, the defendants are restrained from changing the nature of the said rasta falling in rect. No. 140 and killa No. 9/2 and 12/1. The defendants are creating any hindrance in the use of said rasta by the plaintiffs or any other person in any manner till the decision of the case. With these directions, the appeal is allowed. The record of the trial court along with Appeal file be consigned to record room after due The petitioners preferred the present revision petition assailing the validity of order dated 16.11.2023 passed by the learned s issued on 01.08.2024. As a matter of record, the suit before the learned trial being last opportunity I have heard learned counsel for the parties and gone that in case the present learned trial Court SANJAY GUPTA 2026.04.22 19:13 I attest to the accuracy and integrity of this document CR-1041- to exped It has also been agreed and prayed that in arrangement made by the Court of learned Additional District Judge, Palwal, be maintained. 7. 8. 2019, the learned trial Court is most humbly reques the civil suit expeditiously, preferably within today. Copy of this order be conveyed to learned trial Court. 9. stand disposed of. 21.04.2026 sanjay -2024 (O&M) [3] to expedite the proceedings in the suit, the parties It has also been agreed and prayed that in arrangement made by the Court of learned Additional District Judge, Palwal, be maintained. Ordered accordingly. Considering the fact that the civil suit is pending since 2019, the learned trial Court is most humbly reques the civil suit expeditiously, preferably within today. Copy of this order be conveyed to learned trial Court. Pending miscellaneous application(s), if any, shall also stand disposed of. 2026 Whether speaking/reasoned? Whether Reportable? ite the proceedings in the suit, the parties would be satisfied It has also been agreed and prayed that in the meanwhile, the interim arrangement made by the Court of learned Additional District Judge, Considering the fact that the civil suit is pending since 2019, the learned trial Court is most humbly requested to dispose of the civil suit expeditiously, preferably within a period of one year from today. Copy of this order be conveyed to learned trial Court. Pending miscellaneous application(s), if any, shall also (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No would be satisfied. eanwhile, the interim arrangement made by the Court of learned Additional District Judge, Considering the fact that the civil suit is pending since ted to dispose of a period of one year from Pending miscellaneous application(s), if any, shall also (HARKESH MANUJA) SANJAY GUPTA 2026.04.22 19:13 I attest to the accuracy and integrity of this document