229 IN THE HIGH COURT OF PUNJAB AND HARYANA Gurdarshan Singh Vs Jasbhinder Singh CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. for the Mr. for the respondent. HARKESH MANUJA, J. ( By way of present the orders dated Additional Civil Judge (SD), Patiala, as well as by Learned Additional District Judge, Patiala, respectively, maintain status quo with respect to position, posses suit property at the time of disposal of application under Order 39 Rules 1 and 2 CPC filed at the for permanent injunction. 2. Both the parties are closely related to each ot case, by virtue absolutely refrained from alienating or changing the nature of the property even qua his own share as well; which is wholly impermissible in law and by any, stretch of imagination, cannot be permitted to continue. 3. In such circumstances, once it is not in dispute that even if Civil Suit No.1939/2018 and CS No.1697/2018 filed at the instance of sister of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-8852 Date of Decision: Gurdarshan Singh Jasbhinder Singh HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Hardeep Singh, Advocate for the petitioner. Mr. Parvinder Singh Guliani, Advocate for the respondent. **** HARKESH MANUJA, J. (ORAL) By way of present revision petition, challenge has been laid to dated 12.05.2025 (P-4) 08.08.2025 (P Additional Civil Judge (SD), Patiala, as well as by Learned Additional District Judge, Patiala, respectively, whereby maintain status quo with respect to position, posses suit property at the time of disposal of application under Order 39 Rules 1 and 2 CPC filed at the instance of respondent/ plaintiff along with for permanent injunction. Both the parties are closely related to each ot by virtue of the impugned order, the petitioner/ defendant has been absolutely refrained from alienating or changing the nature of the property even qua his own share as well; which is wholly impermissible in law and ch of imagination, cannot be permitted to continue. In such circumstances, once it is not in dispute that even if Civil Suit No.1939/2018 and CS No.1697/2018 filed at the instance of sister of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 8852-2025 (O&M) Date of Decision: 26.05.2026 ......Petitioner ....Respondent HON'BLE MR. JUSTICE HARKESH MANUJA , Advocate revision petition, challenge has been laid to 4) 08.08.2025 (P-6), passed by the learned Additional Civil Judge (SD), Patiala, as well as by Learned Additional whereby the parties were directed maintain status quo with respect to position, possession and situation of the suit property at the time of disposal of application under Order 39 Rules 1 respondent/ plaintiff along with the suit Both the parties are closely related to each other. In the present of the impugned order, the petitioner/ defendant has been absolutely refrained from alienating or changing the nature of the property even qua his own share as well; which is wholly impermissible in law and ch of imagination, cannot be permitted to continue. In such circumstances, once it is not in dispute that even if Civil Suit No.1939/2018 and CS No.1697/2018 filed at the instance of sister of 1 revision petition, challenge has been laid to passed by the learned Additional Civil Judge (SD), Patiala, as well as by Learned Additional the parties were directed to sion and situation of the suit property at the time of disposal of application under Order 39 Rules 1 the suit her. In the present of the impugned order, the petitioner/ defendant has been absolutely refrained from alienating or changing the nature of the property even qua his own share as well; which is wholly impermissible in law and In such circumstances, once it is not in dispute that even if Civil Suit No.1939/2018 and CS No.1697/2018 filed at the instance of sister of MOHMED ATIK 2026.05.29 18:59 I attest to the accuracy and integrity of this order/judgmemtt the petitioner as well as respondent would be entitled for 1/3 cannot be restrained from alienating possession in terms thereof. 4. It goes without saying numbers in a deed of transfer at the hands of petitioner/ defendant would not tantamount to sale of specific khasra numbers and shall remain as alienation qua share only. 5. More so, the petitioner/ defendant undertakes not to deliver possession of more property. He also assures that before registration of the sale deed, a draft thereof shall even be presented before the learned consideration towards compliance of the conditio passed by this Court in the present revision petition. 6. With the above observations, the present revision petition is disposed of. However, the entitlement of the petitioner/ defendant as to whether he would shall be subject to final outcome sister of the parties. 7. Pending of. 26.05.2026 sanjay Whether Speaking/reasoned Whether Reportable the petitioner as well as respondent is decreed, the petiti would be entitled for 1/3rd share in the subject property and therefore, cannot be restrained from alienating the same possession in terms thereof. It goes without saying that any alienation of specific khasra numbers in a deed of transfer at the hands of petitioner/ defendant would ntamount to sale of specific khasra numbers and shall remain as alienation qua share only. More so, the petitioner/ defendant undertakes not to deliver possession of more than 1/3rd share from property. He also assures that before registration of the sale deed, a draft thereof shall even be presented before the learned towards compliance of the conditio passed by this Court in the present revision petition. With the above observations, the present revision petition is disposed of. However, the entitlement of the petitioner/ defendant as to whether he would be entitled for 1/3rd or ½ shall be subject to final outcome of the civil suit (s) filed at the instance of sister of the parties. ending misc. application(s), if any, shall also stand disposed ( HARKESH JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No decreed, the petitioner/ defendant share in the subject property and therefore, the same or even parting with the that any alienation of specific khasra numbers in a deed of transfer at the hands of petitioner/ defendant would ntamount to sale of specific khasra numbers and shall remain as More so, the petitioner/ defendant undertakes not to deliver from the frontage of the entire joint property. He also assures that before registration of the sale deed, a draft thereof shall even be presented before the learned Trial Court for its due towards compliance of the conditions stipulated in the order passed by this Court in the present revision petition. With the above observations, the present revision petition is disposed of. However, the entitlement of the petitioner/ defendant as to or ½ share in the subject property of the civil suit (s) filed at the instance of application(s), if any, shall also stand disposed ( HARKESH MANUJA ) JUDGE Yes/No Yes/No 2 oner/ defendant share in the subject property and therefore, or even parting with the that any alienation of specific khasra numbers in a deed of transfer at the hands of petitioner/ defendant would ntamount to sale of specific khasra numbers and shall remain as More so, the petitioner/ defendant undertakes not to deliver the entire joint property. He also assures that before registration of the sale deed, a draft rial Court for its due the order With the above observations, the present revision petition is disposed of. However, the entitlement of the petitioner/ defendant as to share in the subject property of the civil suit (s) filed at the instance of application(s), if any, shall also stand disposed MOHMED ATIK 2026.05.29 18:59 I attest to the accuracy and integrity of this order/judgmemtt