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PUNJAB & HARYANA HIGH COURT
Jasbir Singh, J.
Jag Ram
Versus
Subhash
Civil Revision No. 1143 of 2006,
Decided On : FEBRUARY 28, 2006
Interim Injunction - Joint Property - The court upheld the interim injunction restraining the petitioner and other respondents from raising construction over the joint property, based on the fact that the property was joint as per revenue record and partition proceedings were ongoing.
Fact of the Case:
Respondent Nos.1 to 3 filed a suit for injunction against the petitioner and proforma respondents, claiming the property in dispute was joint and sought to restrain construction over the joint property. An interim injunction was granted, and the parties were ordered to maintain status quo. The petitioner's appeal was unsuccessful.
Finding of the Court:
The Courts below noted that the property in dispute was joint as per revenue record and that partition proceedings were ongoing. The status quo order was deemed justified, and no case for interference was found.
Issues: Suit for injunction, interim injunction, joint property, status quo order
Ratio Decidendi: The court's decision was influenced by the fact that the property was joint as per revenue record and that partition proceedings were ongoing, justifying the interim injunction and status quo order.
Final Decision: The court dismissed the appeal, upholding the interim injunction and status quo order.
1. Respondent Nos.1 to 3 filed a suit for injunction against the petitioner and proforma respondents, by claiming that the property, in dispute, was joint between the parties and the petitioner and other respondents be restrained from raising construction over the joint property.
2. In that suit, they also moved an application for interim injunction, which was granted and the parties were ordered to maintain status quo, qua the property, in question, till decision of the suit. Petitioner failed in appeal.
3. Both the Courts below have noticed that as per revenue record, the property, in dispute, is joint and further that partition proceedings are going on. Under these circumstances, this Court feels that the status quo order passed is perfectly justified. No case is made out for interference. Dismissed.
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