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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

370 CR-1259-2024 (O&M)

Date of Decision:-13.05.2026

Rajinder Kumar @ Raju and another … Petitioners

Versus

Ashwani Kumar and another ... Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present:- Mr. Munish Kumar Garg, Advocate,

Ms. Bhawna Thakur, Advocate and

Mr. Yuwan Singla, Advocate, for the petitioners.

Mr. Zorawar Singh Chauhan, Advocate,

for caveator/respondent No.1.

*****

PANKAJ JAIN, J. (Oral)

1. The petitioners assail order dated 15.1.2024 (Annexure P-2) passed by

learned Additional District & Sessions Judge (VI) vide which an appeal filed

by the plaintiff against judgment dated 24.8.2023 passed by learned Civil

Judge (Senior Division) (NRI Court), Jalandhar (Annexure P-1), has been

accepted.

2. The parties are co-sharers. The plaintiff is aggrieved of construction being

raised by defendants/petitioners.

3. The plaintiff alongwith the suit for partition filed an application under Order

XXXIX Rules 1 & 2 read with Section 151 CPC before learned Trial Court.

The same was dismissed vide judgment dated 24.8.2023 passed by learned

Civil Judge (Senior Division) (NRI Court), Jalandhar (Annexure P-1), but

PANKAJ KAKKAR

2026.05.15 11:22

I attest to the accuracy and authenticity of

this order/judgment

Punjab & Haryana High Court at

Chandigarh

CR-1259-2024 (O&M) ( 2 )

with the observations that the construction raised on the spot shall be subject

to partition and mere raising of construction shall not vest the defendants with

any right to resist partition.

4. In the appeal preferred by the plaintiff against judgment passed by learned

Trial Court, learned Appellate Court reversed the findings recorded by

learned Trial Court, vide judgment dated 15.1.2024 passed by learned

Additional District and Sessions Judge-VI, Jalandhar (Annexure P-2). The

application filed by the plaintiff under Order XXXIX Rules 1 & 2 read with

Section 151 CPC has been allowed and the defendants have been restrained

from making any construction over the suit property.

5. During the course of arguments, learned counsel for the petitioners has

referred to Annexure P-4 i.e. the photographs of the construction already

raised.

6. In view thereof, this Court finds that it will be in the interest of justice that the

order passed by learned Appellate Court is ordered to be modified to the

extent that though defendants shall be entitled to furnish the construction

already raised and to add fixtures thereto i.e. doors etc. to make the suit

property inhabitable, but shall not raise any further construction.

7. The defendants shall file affidavit to the said effect before learned Trial Court

on 18.5.2026, whereby they will undertake not to raise any further

construction apart from furnishing the constructions already raised i.e. plaster

and painting etc. over the suit property.

8. Needless to say, the construction raised on the spot by the defendants shall

remain subject to partition and the same shall not vest any right with the

defendants to resist the partition.

PANKAJ KAKKAR

2026.05.15 11:22

I attest to the accuracy and authenticity of

this order/judgment

Punjab & Haryana High Court at

Chandigarh

CR-1259-2024 (O&M) ( 3 )

9. Disposed off accordingly.

13.05.2026 ( PANKAJ JAIN )

JUDGE

Pankaj

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

PANKAJ KAKKAR

2026.05.15 11:22

I attest to the accuracy and authenticity of

this order/judgment

Punjab & Haryana High Court at

Chandigarh