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SUKHVINDER KAUR
Sapna – Appellant
Versus
Phool Kumar – Respondent
JUDGMENT :
SUKHVINDER KAUR, J.
1. By way of present revision petition, the petitioners have challenged order dated 29.07.2023 (Annexure P3) passed by learned trial Court, vide which application filed by the petitioners under Order 39 Rules 1 and 2 read with Section 151 of CPC was dismissed and further the petitioners have challenged order dated 12.02.2024 (Annexure P6) passed by the First Appellate Court, vide which the appeal preferred by the petitioners against order dated 29.07.2023 has been dismissed.
2. The brief facts relevant for the adjudication of the present revision petition are that the petitioners and respondents are co-sharers in the suit land (ancestral) from their forefathers and till date no partition has been effected orally as well as by any Court of law. The father of petitioner No. 1 and husband of petitioner No. 2 had died since long and since then, the respondents are continuously trying to grab the land of the petitioners, as petitioner No. 2 is having only two daughters.
3. The plaintiffs/petitioners filed a suit for permanent injunction before the trial Court for restraining the defendants from claiming exclusive ownership and possession on any specific killa
Co-owners cannot seek injunction against each other without proof of exclusive possession or detrimental acts; mere construction does not constitute ouster.
The court upheld the validity of prior partition proceedings and the rightful possession of the plaintiff, confirming injunction against the appellant's interference.
A co-sharer in possession of joint land cannot be restrained from construction on their area without an official partition, particularly if prior consent to construction exists.
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.
A party cannot be added to a suit unless their presence is necessary for the proper adjudication of the matter, as per Order 1 Rule 10 of the CPC.
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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