IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Birender Singh – Appellant
Versus
Brahmjeet – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. This petition, instituted under the supervisory jurisdiction vested in this Court by Article 227 of the Constitution of India, is directed against the order dated 10.12.2025 (Annexure P-6) passed by the learned Additional District Judge, Narnaul. By the impugned order, the civil miscellaneous appeal preferred by the respondent/defendant was allowed, resulting in the setting aside of the well-reasoned order dated 24.09.2025 (Annexure P-7) passed by the learned Additional Civil Judge (Senior Division), Narnaul. The petitioner approaches this Court seeking to impugn the said order on the ground that the same is contrary to law, suffers from jurisdictional infirmities, and calls for interference in the exercise of the supervisory powers conferred under Article 227, thereby warranting this Court’s scrutiny and corrective jurisdiction.
2. The factual matrix, as emerges from the record, is that the petitioner/plaintiff is a co-owner in possession of the suit property to the extent of one-sixth share, the said property being agricultural land which has not been partitioned by any competent Court of law. The respondent/defendant, however, sought to alter the
Co-owners cannot seek injunction against each other without proof of exclusive possession or detrimental acts; mere construction does not constitute ouster.
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.
A co-owner in exclusive possession of a joint property may raise construction on their portion without infringing on the rights of other co-owners.
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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