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SATYEN VAIDYA
Hari Kumar – Appellant
Versus
Amarjit – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, petitioners have assailed the order dated 9.5.2022, passed by the learned District Judge, Kullu, whereby the order dated 1.10.2021, passed by the learned Civil Judge (Senior Division) Lahaul & Spiti at Kullu has been affirmed.
2. The defendants have been restrained from changing the nature and character of the suit land and occupying its best and valuable portion by way of raising construction thereon during the pendency of the suit or till the suit land is legally partitioned, whichever is earlier.
3. Petitioners herein are defendants in a suit filed by respondent No.1 before learned Senior Civil Judge, Lahaul & Spiti at Kullu. The parties hereafter shall be referred to by the same status as they hold before the learned trial Court.
4. Plaintiffs has sought a decree of permanent prohibitory injunction against the defendants in respect of land measuring 03-06-00 bighas, comprised in khata No. 1084, khatoni No. 1368, khasra No. 2206 and land measuring 03-08-00 bighas, comprised in khata No. 1081, khatoni No. 1365, khasra No. 2205, situated in Mohal and Phatti Dhyar, Tehsil and District Kullu. It has been prayed that the defendants
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 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....
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.
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-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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