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2025 Supreme(HP) 1789

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Bir Singh – Appellant
Versus
Tirath Raj – Respondent


Advocates Appeared:
For the Petitioner:Ms. Madhurika Sekhon, Advocate.
For the Respondents:Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Tamanna Sharma, Advocate.

Judgement Key Points

Based on the provided legal document, here are the key points:


Table of Content
1. factual background: suit for injunction against co-sharers' construction on joint land. (Para 1 , 2 , 3)
2. trial court granted status quo due to alleged damage and nuisance. (Para 4 , 5)
3. no partition without revenue records; co-sharers may construct absent prejudice. (Para 6 , 7)
4. injunction requires proof of ouster, detriment, or unclean hands by plaintiff. (Para 8 , 9 , 10)
5. petition dismissed; appellate order upheld. (Para 11)

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, the petitioner has assailed judgment dated 18.07.2023 (Annexure P-6), passed by the learned Appellate Court, in terms whereof, learned Appellate Court while allowing the appeal filed by the respondents herein, set aside the order passed by the learned Trial Court, in an application filed under Order 39, Rule 1 and 2 of the CIVIL PROCEDURE CODE , in terms whereof, learned Trial Court had directed the parties to maintain status-quo, qua the construction, nature and possession of the suit land.

2. Brief facts necessary for the adjudication of the present petition are that the petitioner/plaintiff filed a Civil Suit before the learned Trial Court, seeking permanent prohibitory injuncti































































































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