IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARMOD GOYAL
Amrik Singh – Appellant
Versus
Inderpal Kaur – Respondent
JUDGMENT :
Parmod Goyal, J.
Petitioner/plaintiff is aggrieved by impugned order dated 29.05.2024 (Annexure P-4) passed by learned Additional Civil Judge (Junior Division), Naraingarh and order dated 07.01.2026, passed by learned District Judge, Ambala, whereby application under Order XXXIX Rule 1 & 2 CPC read with Section 151 CPC as well as appeal against dismissal of his application, were dismissed by the Court of first instance and learned Appellate Court.
2. Petitioner/plaintiff had preferred a suit for grant of decree of permanent injunction restraining respondents/defendants No.1 to 3 from alienating, mortgaging or creating any sort of charge over the prime front portion of the plot comprised in Khewat No.724//663/2, Khatoni No.836, Khasra No.19//2/2 measuring 1 kanal 14 marlas situated within the revenue estate of Village Dera, H.B. No.190, Tehsil Naraingarh, District Ambala. Along with the suit he had preferred application under Order XXXIX Rule 1 and 2 CPC seeking to restrain respondents/defendants from raising construction during the pendency of suit.
3. It is the case of petitioner/plaintiff that he is a co-sharer to the extent of 17 marlas out of land measuring 1 kanal 14 m
(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.....
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....
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.
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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