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SATYEN VAIDYA
Jai Singh – Appellant
Versus
Rajeev – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
1. Both these petitions involve identical set of facts and questions of law, therefore, both the petitions are being decided by a common judgment.
2. CMPMO No. 182 of 2022 has arisen from an order which has its genesis in Civil Suit titled Rajeev vs. Jai Singh, pending before learned Senior Civil Judge, Court No. 1, Rohru and CMPMO No. 540 of 2022 arises from an order having genesis in Civil Suit titled Kishori Lal vs. Jai Singh, pending before learned Civil Judge, Jubbal, Camp at Rohru, District Shimla, H.P.
3. Petitioner herein is defendant in both the suits. Respondents in these petitions are plaintiffs. Both plaintiffs are real brothers.
4. The plaintiffs have filed their respective suits against the defendant on the identical cause of action. Their grievance is that the land comprised in Khata-Khatauni No. 15 Min- 56-Min, Khasra No. 629/480, measuring 00-32-22 hectares in Chak Mandharli, Tehsil Rohru, District Shimla (for short “the suit land”) is joint between the plaintiffs, defendant and other co-sharers. No partition has taken place. The suit land abuts the road and defendant had started raising construction thereon, which according to them was prej
Injunction being a discretionary and equitable relief, courts have to analyse entire available material to assess existence of prima-facie case, irreparable loss and balance of convenience.
A co-owner seeking injunction must establish injury or inconvenience caused by the act complained of and the balance of convenience. Clean hands and equitable conduct are essential in seeking injunct....
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
Co-owners cannot raise construction on joint property without consent from other co-owners, and must substantiate claims of irreparable loss to obtain an injunction.
Civil Law - Grant of Temporary Injunction - Rights and Liabilities of Co-owners - A co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property....
Co-owners can construct on joint property unless clear interference with another co-owner's rights is demonstrated. An injunction is not sustainable if the plaintiff himself has previously constructe....
A co-owner cannot seek injunction against another co-owner without a suit for partition. The right to relief for demolition and injunction depends on the circumstances of each case.
Co-owner not entitled to injunction against another's construction on joint land unless proved to amount to ouster or detriment to rights; requires evidence beyond sole testimony, mere jointness insu....
Co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property absolutely and simply because he is a co-owner unless any act of person in possessi....
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