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SATYEN VAIDYA
Sandeep Sood – Appellant
Versus
Kuldeep Chand Sood – Respondent
1. By way of instant petition, petitioners have assailed order dated 18.11.2023, passed by learned Civil Judge, Jubbal camp at Rohru, District Shimla, H.P. in Case No. 130-6 of 2023.
2. Petitioners are defendants beside others in Civil Suit No. 381 of 2023, pending before learned Civil Judge, Jubbal camp at Rohru, District Shimla, H.P. The respondent herein is the plaintiff.
3. Plaintiff has filed the above noted suit for partition of immovable property marked in the plaint as suit property claiming it to be joint between the parties. In addition to above, decree for rendition of account, recovery of money and permanent prohibitory injunction, has also been sought.
4. Alongwith the suit, plaintiff has filed an application for interim injunction to the effect that the defendants be restrained from changing the nature of suit property/structures by raising constructions in any manner during the pendency of the suit.
5. On 10.10.2023, learned Trial Court passed the following order on application for interim relief:
6. Order dated 1
The court emphasized the necessity of enforcing interim orders and provided guidance on using police assistance for compliance in cases of ongoing violations.
The applicability of Section 10 of the CPC is determined by the identity of issues in the suits, not the nature of relief sought.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
An injunction in a partition suit is not maintainable without including all co-sharers who have transferred their shares.
Partition proceedings cannot be halted when the suit land is shown to be joint between the parties according to the revenue record.
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