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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Bir Singh – Appellant
Versus
Sohan Singh – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
This is a Civil Revision Petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dated 20.02.2025 (Annexure P-10) passed by the Civil Judge (Jr.Div.), Amloh, vide which the application of the plaintiff-petitioner for amendment of the plaint has been dismissed.
2. Learned counsel for the petitioner has submitted that the petitioner had filed a suit for permanent injunction restraining the defendants, their agents and servants from causing any hindrance / obstruction in construction being raised by the plaintiff over his plot of land which is part and parcel of land measuring 8 marlas 3 sarsahies out of the land measuring 1K-12M comprised in khewat no.137/138, khatouni no.259 khasra no.119 (0-6), 120/3 (1-3), 121/3(0-3) as per jamabandi for the year 2013-2014 situated within the revenue limits of village Amloh, Teshil Amloh. Learned counsel for the petitioner has submitted that the Municipal Council had issued notice to the petitioner stating that the petitioner needs to remove the illegal occupation over the government land and thereafter the petitioner had filed CWP-33728-2024 and in the said case, on
The right to property is inviolable and sacred, and no one may be deprived of it without public necessity and just indemnity, as per the Land Revenue Act and the Right to Fair Compensation Act, 2013.
The judiciary's jurisdiction under Article 227 is limited to ensuring the authority of subordinate courts, not correcting factual errors.
Point of Law : Grant of temporary injunction - Demarcation report - Demarcation report included determination of location of suit premises. A modern method of TSM has been used to demarcate land. Cla....
The lack of prima facie evidence negates the basis for granting an injunction in land possession disputes.
Amendments to pleadings are permissible when necessary to resolve the real dispute between parties, particularly when issues have not been framed, to avoid multiplicity of litigation.
Appellate court may set aside perverse trial grant of temporary injunction ignoring prima facie absence of case for protecting unauthorized construction beyond allotted plot; additional evidence perm....
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