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2025 DAILYLAW 36666 (PNJ)

KULWINDERJIT KAUR THROUGH HER LRS v. KANWALJIT SINGH AND OTHERS

CR/1707/2025 · 2025-04-24

Vikram Aggarwal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 135 CR-1707-2025 (O&M) Date of Decision: 24.04.2025 Smt. Kulwinderjit Kaur (since deceased) through LRs …Petitioner V/s Kanwaljit Singh and others …Respondents CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Divanshu Jain, Advocate, for the petitioner. Mr. Prateek Sodhi, Advocate, for the respondents-caveators. *** VIKRAM AGGARWAL, J (ORAL) The present revision petition assails the order dated 27.01.2025 (Annexure P-12) passed by the Court of learned Addl. District Judge, Amritsar dismissing the appeal filed against the order dated 09.10.2018 (Annexure P-10), passed by the Court of learned Civil Judge (Jr. Divn.), Amritsar, vide which the application filed by the petitioner-plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short the “CPC”) for the grant of ad interim injunction was dismissed. 2. The suit filed by the petitioner-plaintiff pertains to the properties owned by Parkash Kaur and Mohinder Singh. The petitioner-plaintiff is the daughter of Parkash Kaur and Mohinder Singh, whereas defendants No.1 and 2 are the sons and defendant No.3 is also their daughter. 3. During the course of arguments, learned counsel for the parties have arrived at a consensus. Learned counsel for the petitioner submits that VIKAS CHANDER 2025.04.25 16.25 I attest to the accuracy and integrity of this document CR-1707-2025 -2- the petitioners restrict their claim for the grant of ad interim injunction only qua the properties of Mohinder Singh at this stage. 4. To this, learned counsel for the respondents submits that during the pendency of the suit, none of the immovable properties owned by Mohinder Singh shall be alienated. 5. Learned counsel for the parties are ad idem that insofar as the properties of Parkash Kaur (which are subject matter of litigation), the findings of the Courts below that any sale would be bound by the provisions of Section 52 of the Transfer of Property Act, 1882 be upheld. 4. Ordered accordingly. 5. The revision petition is accordingly disposed of. Pending application(s), if any, shall also stand disposed of. (VIKRAM AGGARWAL) JUDGE April 24, 2025 vcgarg Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VIKAS CHANDER 2025.04.25 16.25 I attest to the accuracy and integrity of this document