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ARUN MONGA
Vijay Aggarwal – Appellant
Versus
Rajnish Gupta – Respondent
| Table of Content |
|---|
| 1. impugned order and suit details (Para 1 , 2) |
| 2. arguments against and in favor of injunction (Para 3 , 4) |
| 3. court's analysis and reasoning (Para 5 , 6 , 7) |
| 4. modification of trial court's order regarding construction (Para 8) |
| 5. order disposing of the revision petition (Para 9 , 10) |
Judgment
Mr. Arun Monga, J.
Petition herein is for setting aside the impugned order dated 28.03.2023 (Annexure P-1) passed by learned Additional District Judge, Ambala whereby order dated 03.03.2023 (Annexure P-10) passed by learned Additional Civil Judge (Junior Division), Naraingarh, District Ambala was set aside and petitioners/defendants No.1 to 3were restrained from interfering or from raising construction over suit property alleged to be in possession of plaintiff/respondent No.1.
2. The revision petition is premised on the averments that plaintiff/respondent No.1 herein filed suit for mandatory injunction with the prayer that petitioners/defendants No.1 to 3 may be directed to remove encroachment/ construction raised by them over plot measuring 10 Marlas, being part of Khasra No.49//10 (8-0), situated in village Dera, H.B. No.190, Tehsil Narangarh, District Ambala. This portion was
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 seeking injunction must establish injury or inconvenience caused by the act complained of and the balance of convenience. Clean hands and equitable conduct are essential in seeking injunct....
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 ....
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.....
Co-owners can construct on joint property unless clear interference with another co-owner's rights is demonstrated. An injunction is not sustainable if the plaintiff himself has previously constructe....
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.
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