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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Ram Singh – Appellant
Versus
Varinder Kumar – Respondent
| Table of Content |
|---|
| 1. injunction suit against co-sharers' construction on joint land (Para 1 , 2 , 3 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. exclusive possession via family settlement allows construction (Para 4 , 5) |
| 3. counsel contest appellate vacation of injunction (Para 12 , 13) |
| 4. plaintiff suppressed own construction facts (Para 14 , 15) |
| 5. clean hands required for equitable injunction relief (Para 16 , 17 , 18 , 19 , 20) |
| 6. no injunction absent ouster or property detriment (Para 21 , 22 , 23 , 24) |
| 7. article 227 limits high court interference (Para 25) |
| 8. petitions dismissed for lack of merit (Para 26 , 27) |
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/o
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....
Co-owner cannot restrain another from constructing on joint land absent ouster, property value diminution, or detriment; mere construction insufficient, especially if plaintiff has similar constructi....
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....
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