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2012 Supreme(P&H) 489

L.N.MITTAL
Harminder Singh – Appellant
Versus
Santosh Rani – Respondent


Advocates:
For the Petitioner:Mr. B. P. S. Virk, Advocate.

JUDGMENT

Mr. L.N. Mittal, J. (Oral) - CM No.9244-CII of 2012

Allowed as prayed for.

Main Case

Plaintiff- Harminder Singh has filed this revision petition under Article 227 of the Constitution of India to challenge order dated 07.10.2011 Annexure P-1 passed by trial Court and judgment dated 17.02.2012 Annexure P-2 passed by the appellate Court thereby dismissing application of plaintiffpetitioner for temporary injunction during pendency of the suit.

2. Plaintiff petitioner has filed suit against defendant/respondents alleging that the petitioner purchased 5 Kanals 13 ½ Marlas land by way of two sale deeds and out of it, transferred 4 Kanals land to his son Ramandeep Singh vide transfer deed dated 22.01.2009 Annexure P-6 and Ramandeep Singh sold the same to defendants vide registered sale deed dated 26.03.2009 Annexure P-7. The plaintiff alleged that the suit land is still joint land and plaintiff is also co-sharer therein. Plaintiff has already filed application for partition of the suit land. However, defendants want to change the nature of the suit land by raising construction. Plaintiff sought permanent injunction against defendants restraining them from doing so. Plaintiff also









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