Simru Ram vs Balbir Kumar

M.M. Kumar, J.—This revision petition is directed against the order dated 21.11.2001 passed by the Additional District Judge, Nawahshahr dismissing the appeal of the plaintiffpetitioners affirming the order dated 10.11.2001, passed by the Additional Civil Judge (Senior Division), Balachaur. The Civil Judge in his order has recorded the statement of the defendantrespondents wherein they have stated that they would not raise any new construction after the completion of roof and whatever decision is delivered in the suit the same must be binding on both the parties. The application under Order XXXIX rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for brevity, ''the Code'') was decided in accordance with the statement made.

The plaintiffpetitioners feeling aggrieved by order dated 10.11.2001 filed an appeal wherein the Additional District Judge directed parties to maintain status quo regarding existing nature of the suit land as per the statement made before the trial Court and the application was to be considered on 9.1.2002.

I have heard Shri Naresh Kaushal, learned counsel for the petitioners and perused the record with his assistance. I am of the considered opinion that this revision petition is devoid of any merit for various reasons. The application under Order XXXIX rules 1 and 2 read with section 151 of the Code is still pending and the decision is yet to be given on that application. Moreover, the Additional District Judge has directed the parties to maintain status quo till the application is decided. The defendantrespondents have also made the statement before the trial Court which is required to be taken into account. The petitioner has rushed to this court in a hot haste which can hardly be appreciated. The revision petition, therefore, is liable to be dismissed being premature.

For the reasons recorded above, this revision petition fails and is dismissed as premature.

Revision dismissed.