IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Bhupinder Singh – Appellant
Versus
Kulwinder Singh – Respondent
JUDGMENT :
Amarinder Singh Grewal, J.
The present civil revision petition has been filed under Article 227 of the Constitution of India inter alia praying for setting aside the impugned order dated 18.08.2025 (Annexure P-1) passed by the learned Additional District Judge, Fatehgarh Sahib, whereby the appeal filed by the respondent in C.A. No.60 of 2022, titled as 'Kulwinder Singh v. Bhupinder Singh', was allowed, modifying the order dated 22.07.2022 passed by the Learned Civil Judge (Jr. Divn.), Amloh, under Order XXXIX Rules 1 & 2 CPC, to the extent that the petitioner is entitled to draw the water from the electric motor connection No. AP-05-0074 (71/2 BHP) is 1/6th share, while the respondent was entitled to 5/6th share.
2. Brief facts of the case are that the petitioner and respondent are the real brothers. The electric motor in dispute, bearing A/C No. AP-05-0074, stands in the name of their deceased father, Sh. Gurcharan Singh, and was installed on the land owned by him. Sh. Gurcharan Singh executed a registered Will in favour of his wife, Smt. Surinder Kaur. Upon her demise on 02.02.2020, her estate devolved equally to the petitioner and respondent in terms of her registered W
The rights of co-owners regarding joint property must be equally respected without arbitrary division pending final determination.
The right to shared resources supersedes claims of exclusive ownership among co-sharers regarding the use of a tubewell electricity connection.
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