C.R. No. 7177 of 2008

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In the High Court for the States of Punjab and Haryana at Chandigarh

…

C.R. No. 7177 of 2008

Date of decision: May 1,2009

Harbans Kaur and another

..Petitioners

Versus

Jagdeep Singh and another

..Respondents

Coram: Hon'ble Mr.Justice Rakesh Kumar Garg

Present:

Mr. Pritam Saini Advocate

for the petitioners.

...

Rakesh Kumar Garg,J.(Oral)

This is defendants revision petition challenging the order dated

24.10.2008 passed by the Additional District Judge, Yamuna Nagar, whereby the

application filed by the plaintiff-respondent for ad interim injunction restraining

the petitioners from alienating the suit property in any manner whatsoever has

been allowed and the parties have been directed to maintain status quo

regarding possession over the suit property.

On the basis of the judgment in the case of Dalpat Kumar Versus

Prahlad Singh 1992(2) Recent Revenue Reports-457, learned counsel for the

petitioner has vehemently argued that it is the settled law that if any alienation is

made, it would be subject to doctrine of lis pendence under Section 52 of

Transfer of Property Act and therefore, there was no justification in passing of

the impugned order.

I have heard learned counsel for the petitioner. There is no dispute

with the aforesaid ratio of law as pronounced by the Hon'ble Supreme Court of

India in the judgment relied upon by the counsel for the petitioner. It is also

observed that the grant of injunction is a discretionary relief. The Lower Appellate

Court in the facts and circumstances of the case has granted the aforesaid relief.

C.R. No. 7177 of 2008

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There is no justification to interfere in the grant of aforesaid discretionary relief by

the lower Appellate Court.

No other point was urged

Dismissed.

May 1, 2009

(RAKESH KUMAR GARG)

nk

JUDGE