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JAVED IQBAL WANI
Neelam Sharma – Appellant
Versus
Ashok Kumar – Respondent
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JUDGEMENT
1. Supervisory jurisdiction of this Court has been invoked by the petitioner herein seeking quashment of order dated 18.01.2023 (for short 'impugned order') passed by the court of Additional District Judge, Kathua (for short 'appellate court') in appeal titled as “Ashok Kumar v. Neelam Sharma & Ors.”.
2. The facts emerging from the record would reveal that the petitioner herein filed a suit before the Court of Munsiff, Hiranagar (for short, 'the trial court') for partition and injunction against the respondent 1 herein as defendant and proforma respondents 2 and 3 herein as proforma defendants 2 and 3 stating therein that she along with the defendants/respondents herein are joint owners and in possession of land measuring 04 kanals and 12 marlas covered under survey No. 121 min situated at village Chak Bhagwana Tehsil Hiranagar and that the said land vested unto her on account of the death of her husband being the brother of the defendant/respondent 1 herein and that her husband constructed a residential house as per the family settlement over the suit land ten years back and during the said time, the defendant/ respondent 1 herein asked her husband to allow him to fill the
A co-owner in exclusive possession of a joint property may raise construction on their portion without infringing on the rights of other co-owners.
Ex-parte ad-interim injunction must be confined to limits mentioned in injunction order itself.
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.
(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....
The main legal point established in the judgment is that a co-owner who is not in exclusive possession of any part of the property is not entitled to seek an injunction against another co-owner, unle....
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 ....
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