CR-4946-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 124 CR-4946-2026 (O&M) Date of decision: 03.07.2026 Satpal Singh ....Petitioner Versus Gurcharan Singh ....Respondent CORAM : HON’BLE MR. JUSTICE HARSH BUNGER ***** Present: Mr. H. S. Dhindsa, Advocate, for the petitioner. ***** HARSH BUNGER J. (ORAL) 1. Prayer in the present civil revision petition is for setting aside the order dated 22.04.2026 (Annexure P-1) passed by the learned Additional District Judge, Hoshiarpur, whereby the appeal preferred by the petitioner- defendant against order dated 08.04.2022 (Annexure P-5) passed by the learned Civil Judge (Junior Division), Dasuya on an application under Order 39 Rules 1 & 2 CPC filed by the respondent-plaintiff, has been dismissed. 2. Briefly, the respondent-plaintiff filed a civil suit for declaration that he is owner in possession of land measuring 7 kanal 12 marla situated at village Miani, Tehsil Dasuya, District Hoshiarpur. 2.1. Further prayer for grant of permanent injunction for restraining the present petitioner-defendant from interfering in the possession of the plaintiff, was also made. Alongwith the suit, the respondent-plaintiff filed an application under Order 39 Rules 1 & 2 CPC for grant of ad-interim injunction. DINESH 2026.07.07 10:50 I attest to the accuracy and integrity of this document CR-4946-2026 (O&M) -2- 3. The pleaded case of the respondent-plaintiff in the suit was that he had purchased the suit property vide registered sale deeds in the year 1970 and 1976 and since the day of the purchase, the suit property had remained in possession of the respondent-plaintiff and that the present petitioner-defendant had no right, title or concern with the same. 3.1. The present petitioner-defendant appeared in the said suit and contested the same by filing his written statement on the plea that he is owner of land comprised in Rect. No.125, Khasra No.24/2/2 on the basis of a sale deed dated 05.04.2010. It is stated that Khasra No. 125//24/2/2 was wrongly recorded as 125//24/2/1 in the sale deed dated 16.03.2007 and 05.04.2010 and that he was going to file a civil suit for its rectification. The petitioner-defendant had put forth an explanation as regards the bifurcation of the Khasra No.24 in the previous revenue records and claimed that he is owner in possession of the suit property bearing Khasra No.125//24/2/2. On the aforesaid plea(s), the present petitioner-defendant opposed the application under Order 39 Rules 1 & 2 CPC as well and prayed for dismissal of the same. 4. The learned trial Court vide order dated 08.04.2022 (Annexure P-5) allowed the application under Order 39 Rules 1 & 2 CPC filed alongwith the suit by the respondent-plaintiff and restrained the present petitioner-defendant from interfering and dispossessing the respondent- plaintiff from the suit property illegally and forcibly till the decision of the case. The relevant extract of order dated 08.04.2022 reads as under:- DINESH 2026.07.07 10:50 I attest to the accuracy and integrity of this document CR-4946-2026 (O&M) -3- “4. I have carefully heard counsels for both the parties on the application under consideration. The applicant sought interim injunction restraining the respondent from interfering and dispossessing him from suit property, till the decision of the present case. The applicant claimed that he is owner in possession of suit property. The respondent has no concern with the suit property and he is trying to interfere and dispossess the applicant from suit property to which he has no right. On the other hand, the respondent claimed that he is owner in exclusive possession of suit property on the basis of sale deed dated 05.04.2010. I have carefully gone through the file as well as revenue record placed on file. Perusal of the fard jamabandi for the suit property for the year 2016-17 shows that the applicant is recorded as owner in possession of suit property bearing khasra No.125//24/2/1 (2-13) and 125//24/2/2. The name of respondent is missing in the column of ownership and possession regarding land bearing khasra No.125//24/2/1 (2-13) and 125//24/2/2. The respondent claimed that he is owner in possession of khasra No.125//24/2/2 on the basis of sale deed dated 05.04.2010. The respondent alleged that he purchased the suit property part of khasra No.125//24/2/2 from Rajinder Kaur. Perusal of recital of sale deed dated 05.04.2010 shows that the respondent purchased land measuring 18 Marlas from his vendor Rajinder Kaur bearing Khasra No.125//24/2/1. On the basis of sale deed dated 05.04.2010, the name of the respondent is duly entered as owner in possession qua land measuring 18 marlas part of khasra No.125//24/2/1. The khasra gridawris of suit property placed on file also supports the contention of applicant wherein he is recorded to be owner in possession of suit property bearing khasra No.125//24/2/1 (2-13) and 125//24/2/2. The DINESH 2026.07.07 10:50 I attest to the accuracy and integrity of this document CR-4946-2026 (O&M) -4- pleading of applicants are duly supported by revenue record placed on file that he is recorded as owner in possession of suit property. At this stage, if the respondent is not restrained from interfering and dispossessing the applicant from suit property then the very purpose of filing the present suit will be defeated and it will also become difficult for this court to decide the controversy in the present case. 5. In view of my above said discussion, at this stage prima facie case exist in favour of the applicant. Balance of convenience as per documents also lies in favour of the applicant-plaintiff. The applicant-plaintiff will suffer irreparable loss and injury if the application is not allowed. Accordingly, the present application is allowed and the respondent is restrained from interfering and dispossessing the applicant from suit property illegally and forcibly till the decision of the present case. However, this order of mine shall have no bearing on the merits of the case.” 5. Feeling aggrieved, the present petitioner-defendant preferred an appeal before the learned District Judge, Hoshiarpur, which was entrusted to the learned Additional District Judge, Hoshiarpur for hearing, who vide impugned order dated 22.04.2026 (Annexure P-1), dismissed the appeal preferred by the petitioner-defendant. 6. In the aforementioned facts and circumstances, the present civil revision petition has been filed before this Court by the present petitioner- defendant. 7. I have heard the learned counsel for the petitioner-defendant and perused the paper-book with his able assistance. DINESH 2026.07.07 10:50 I attest to the accuracy and integrity of this document CR-4946-2026 (O&M) -5- 8. During the course of hearing of this petition, it is not disputed by the learned counsel for the petitioner-defendant that in the revenue records i.e. the jamabandi as well as the khasra girdawari, it is the respondent-plaintiff, who is recorded in possession of the suit property bearing khasra No.125//24/2/1 (2-13) and 125//24/2/2 (0-19). Once the aforesaid factual position existing in the revenue record is not disputed by the learned counsel for the petitioner-defendant, I see no compelling reason, which may warrant interference by this Court in the order dated 08.04.2022 (Annexure P-5), whereby the petitioner-defendant has been restrained from interfering and dispossessing the respondent-plaintiff from the suit property illegally and forcibly and/or the impugned order dated 22.04.2026 (Annexure P-1) passed by the learned Additional District Judge, Hoshiarpur, whereby an appeal preferred by the petitioner-defendant against the order dated 08.04.2022, has been dismissed. 9. In view of the above, the present civil revision petition fails and the same is accordingly, dismissed. However, it is made clear that the observations made in this order shall have no reflection on the merits of the case. 10. All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 03.07.2026 JUDGE dinesh Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DINESH 2026.07.07 10:50 I attest to the accuracy and integrity of this document