VIVEK SINGH THAKUR
Rama Nand – Appellant
Versus
Krishan Dass – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Appellant has approached this Court against judgment and decree dated 15.1.2020, passed in Civil Appeal No. 52-13/2017, titled as Krishan Dass and others Vs. Rama Nand and others by Additional District Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, whereby judgment and decree dated 7.10.2017, passed in Civil Suit No. 121-1 of 2017/12, titled as Rama Nand Vs. Krishan Dass and others by Civil Judge Court No. 3, Ghumarwin, District Bilaspur, H.P. has been reversed and suit preferred by respondent No. 1 Rama Nand seeking permanent prohibitory injunction by restraining the defendants from dispossessing the plaintiff from his share from the suit land, has been dismissed.
2. Appellant Rama Nand is plaintiff, whereas respondents No. 1 to 3 and performa respondent No. 4 are defendants in the suit and they shall, herein after for convenience, be referred as per their status in the Civil Suit.
3. Plaintiff had preferred a suit for permanent prohibitory injunction against the defendants. Defendant No. 2 Ghan Shyam did not contest the suit and was proceeded against ex parte, whereas other defendants had contested the suit, who are respondents herein.
4. Civi
Orders passed in partition proceedings are to be adjudicated by Revenue Courts.
The court affirmed that once land is partitioned, co-sharers become independent owners, allowing for injunctions against interference by other co-sharers.
A suit for permanent prohibitory injunction against a co-owner is not maintainable unless a formal partition has occurred, reaffirming the principle of joint ownership.
Civil Law - Rendition of a decree for permanent prohibitory - Ipso facto they are concluded to rather accept conclusions as made therein, in, as much, as defendants making encroachments upon a portio....
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
The purpose of grant of temporary injunction is to prevent damage or wastage to any property in dispute in the suit.
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