IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Bir Singh – Appellant
Versus
Tirath Raj – Respondent
Based on the provided legal document, here are the key points:
| Table of Content |
|---|
| 1. factual background: suit for injunction against co-sharers' construction on joint land. (Para 1 , 2 , 3) |
| 2. trial court granted status quo due to alleged damage and nuisance. (Para 4 , 5) |
| 3. no partition without revenue records; co-sharers may construct absent prejudice. (Para 6 , 7) |
| 4. injunction requires proof of ouster, detriment, or unclean hands by plaintiff. (Para 8 , 9 , 10) |
| 5. petition dismissed; appellate order upheld. (Para 11) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has assailed judgment dated 18.07.2023 (Annexure P-6), passed by the learned Appellate Court, in terms whereof, learned Appellate Court while allowing the appeal filed by the respondents herein, set aside the order passed by the learned Trial Court, in an application filed under Order 39, Rule 1 and 2 of the CIVIL PROCEDURE CODE , in terms whereof, learned Trial Court had directed the parties to maintain status-quo, qua the construction, nature and possession of the suit land.
2. Brief facts necessary for the adjudication of the present petition are that the petitioner/plaintiff filed a Civil Suit before the learned Trial Court, seeking permanent prohibitory injuncti
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....
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-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 ....
(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.....
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-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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