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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Jafel Din, S/o Abdullah Gujjar – Appellant
Versus
Abdul Gani (deceased) through LRs (Mohd. Iqbal S/o Late Abdul Ghani) – Respondent
ORDER :
1. The respondents No. 1 to 3 herein commenced a civil suit against 14 (fourteen) persons. The three appellants herein and the proforma respondents No. 4 to 14 are the said fourteen defendants. The civil suit filed by the respondents No. 1 to 3 against the appellants and proforma respondents No. 4 to 14 was for seeking a decree of permanent prohibitory injunction restraining 14 (fourteen) defendants (appellants and proforma respondents No. 4 to 14) from transferring, alienating, raising any sort of construction or changing the nature of land comprising khasra Nos. 18(26K-19M), khasra No. 73(5K-18M), khasra No. 70(9K-19M), khasra No. 92(3K-17M) out of khewat No. 3, khasra No. 40(8K-2M), khasra No. 42(1K-11M), khasra No. 50 (8K-8M) comprising khewat No. 4 and khasra No. 61(1K-1M), khasra No. 74(7K-16M), khasra No. 92(13K-13M), khasra No. 96(8K-17M), khasra No. 93/1(2K-5M) comprising khewat No. 6, total land measuring 98 kanals & 6 marlas situated at village Sitni, Nagrota, Jammu.
2. The suit was instituted before the court of Sub Registrar (Munsiff), Jammu on file No. 238/Civil dated 22.01.2008. The defendants No. 1 to 3, who are the appellants herein in the civil suit, came fo
A co-owner cannot seek an injunction against another co-owner regarding shared property; the appropriate remedy is partition.
A suit for permanent prohibitory injunction against a co-owner is not maintainable unless a formal partition has occurred, reaffirming the principle of joint ownership.
A co-owner cannot seek injunction against another co-owner without a suit for partition. The right to relief for demolition and injunction depends on the circumstances of each case.
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....
A co-owner not in possession cannot seek injunction unless there is ouster or acts detrimental to the interests of other co-owners.
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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