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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Ram Singh – Appellant
Versus
Varinder Kumar – Respondent
The present petitions have arisen out the judgment as passed by learned Additional District Judge-I, Una, District Una, H.P. dated 27.03.2025, whereby the appeals preferred by the defendants/respondents have been allowed and consequently, the application filed by the plaintiff/ petitioner under Order 39 Rules 1 and 2 of CPC has been ordered to be dismissed and the application filed by the defendants/respondents for the vacation of stay has been allowed by passing a common judgment.
2. The judgment as passed by the learned first appellate Court reversed the findings/order as passed by learned Senior Civil Judge, Court No.1, Amb, whereby the application filed by the plaintiff/petitioner under Order 39 Rules 1 and 2 CPC was allowed and the application filed by the defendants/respondents under Order 39 Rule 4 read with Section 151 of CPC for vacation of stay order was rejected.
3. Brief facts of the case are that the petitioner/plaintiff filed a suit for permanent prohibitory injunction, restraining the defendants/respondents from raising any sort of construction, changing the nature, alienation or transferring any land more than their share or any specific p
Co-sharer suppressing own construction on joint land approaches without clean hands and cannot restrain others from constructing on their exclusive portion; injunction requires proof of prejudice or ....
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....
(1) Injunction – Such three ingredients are not only to exist but must co-exist – Prima facie case is not to be confused with prima facie title, which requires to be established on evidence at trial.....
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....
Point of Law : Exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expec....
High Court in second appeal under CPC Section 100 cannot disturb concurrent findings of fact unless perverse or involving substantial question of law; co-sharer construction on joint land not ouster ....
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.
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