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2018 DAILYLAW 5264 (PNJ)

RAJINDER KUMAR MATHUR v. DEEPAK KUMAR MATHUR AND OTHERS

RSA/552/2018 · 2026-03-25

Pankaj Jain

body2018

Judgment text

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RSA-552-2018 (O [123] [1] Rajender K Deepak Ku [2] Rajender K Ravi Bala ( Coram : Present: PANKAJ J [1] original po the respond [2] injunction f [3] (O&M) & RSA-1229-2018 (O&M) IN THE HIGH COURT OF AT CHANDIGA RSA-552 Date of De nder Kumar Mathur Versus ak Kumar Mathur and others RSA-1229 nder Kumar Mathur Versus Bala (deceased) through his LRs and o HON’BLE MR. JUSTICE PA Mr. Shreenath A. Khemka, Ad Mr. Tvesha Gupta, Advocate for the appellant(s). Ms. Raina S. Thakur, Advoca for the respondent(s) in RSA- Mr. Siddharth Sihag, Advocat for respondent No.2 in RSA-12 **** KAJ JAIN, J. (ORAL) For the convenience, parties h nal position as before the Trial Court espondents as the defendants. The present two appeals ar ction filed by the plaintiff. The lis relates to inter se dispu T OF PUNJAB AND HARYANA DIGARH 552-2018 (O&M) of Decision : 25.03.2026 …Appellant ….Respondents 1229-2018 (O&M) …Appellant s and others ….Respondents PANKAJ JAIN Advocate and vocate dvocate -552-2018. dvocate 1229-2018. rties hereinafter are referred to by the Court i.e. appellant as the plaintiff an als arise out of suit for permane dispute between LRs of three brother 1 by their and rmanent rothers, RAJNEESH SHARMA 2026.03.27 13:51 I agree to specified portions of this document RSA-552-2018 (O namely Ph Chand file Parallel to Suits for pa preliminary judgment d [4] factual posi drawn, the passed and that during entered in been duly [5] perusing th decree in been determ specific sha should mai [6] the parties be at libert decree befo [7] (O&M) & RSA-1229-2018 (O&M) ly Phool Chand, Attar Chand and F d filed these present suits seeking llel to the present suit, heirs of Fateh for partition was decreed. The matte minary decree was maintained by thi ment dated 12.07.2018. Counsel for the appellant(s) al position. However, he submits that n, the parties be ordered to maintain d and the parties are put in their respe during the pendency of the present ed into compromise with the plaint duly effected. Having heard counsels for sing the records of the case(s), this Cou e in the partition suit has attained fin determined. Still the parties are yet ific shares till then it is in the interest maintain status quo. So far as the plea raised with arties to the lis in favour of the plainti t liberty to plead and prove the same e before the Trial Court. With the aforesaid observation and Fateh Chand. The LRs of Pho eking decree of permanent injunctio Fateh Chand filed a suit for partitio matter travelled up to this Court. Th by this Court in RSA-1228-2018 vid nt(s) has fairly conceded the aforesa its that since the final decree is yet to b intain status quo till the final decree r respective shares. He further submi resent suit, certain stake holders hav plaintiff and those compromises hav s for the parties and after careful is Court finds that since the preliminar ed finality, i.e. the extent of shares ha re yet to be put in possession of the nterest of both the parties that that the d with respect to compromise among plaintiff is concerned, the plaintiff sha e same at the time of passing of fin vations, the appeals are disposed off. 2 f Phool unction. artition. rt. The 18 vide foresaid et to be ecree is submits have have arefully liminary ares has of their hat they amongst shall of final d off. RAJNEESH SHARMA 2026.03.27 13:51 I agree to specified portions of this document RSA-552-2018 (O [8] disposed of [9] 25.03.2026 ‘R. Sharma' (O&M) & RSA-1229-2018 (O&M) All pending miscellaneous ed off. Photocopy of this order be plac .2026 Whether speaking/ reasoned Whether reportable neous application(s), if any, stand be placed on the file of connected case (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 stands d case. RAJNEESH SHARMA 2026.03.27 13:51 I agree to specified portions of this document