Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 118 RSA-1388-2022 Date of Decision: 22.04.2025 MAHIPAL …..Appellant Vs.
DESH RAJ AND ORS …..Respondents CORAM:
HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Amit Kumar Jain, Advocate for the appellant. ****** DEEPAK GUPTA, J. (ORAL) Suit seeking decree of permanent injunc on regarding the property in dispute filed by the plain ff-Mahipal (appellant herein) was dismissed by the trial Court on 20.02.2017 and the findings have been affirmed by the First Appellate Court vide judgment dated 03.01.2022.
2. Though the aforesaid findings have been assailed by the counsel for the appellant, but it is conceded that par on proceedings are going on. It is also conceded that both the par es are co-sharers in the property in dispute. Although both the par es claimed exclusive possession of the property in dispute, but it is the conceded posi on that in the revenue record, both of them are recorded to be co-sharer in the joint possession of the suit land.
3. In the aforesaid facts and circumstances, the remedy for the plain ff was to seek par on and not to seek injunc on against the another co-sharer. As stated by learned counsel that proceedings for par on is pending, as such this Court does not find any reason to disturb the well reasoned concurrent findings of the fact as recorded by the Courts below. Dismissed.
( DEEPAK GUPTA ) 22.04.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.04.23 11:12 I attest to the accuracy and integrity of this document