RSA-720 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Amandeep Singh Rajwant Kaur and ors. CORAM: HON'BLE MR. JUSTICE Present : HARKESH MANUJA, judgment and decree dated District Judge, Amritsar, filed at the instance of appellant/ plaintiff stands dismissed while reversing the learned Trial Court 2. with the respon along with one another filed suit for permanent injunction with a prayer for restraining the respondents/ defendants construction over the property in question. 720-2022 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: 07.07.2025 Amandeep Singh VERSUS Rajwant Kaur and ors. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present : Mr.V.K. Sandhir, Advocate for the appellant. **** HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to the judgment and decree dated 11.10.2021 passed by learned Additional District Judge, Amritsar, whereby the filed at the instance of appellant/ plaintiff stands dismissed while reversing the judgment and decree dated 22.08.2017 passed by learned Trial Court. Claiming himself to be co with the respondents/ defendants of along with one another filed suit for permanent injunction with a prayer for restraining the respondents/ defendants construction over the property in question. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-720-2022 (O&M) Date of Decision: 07.07.2025 ...Appellant ...Respondent HARKESH MANUJA , Advocate By way of present appeal, challenge has been laid to the 11.10.2021 passed by learned Additional the suit for permanent injunction filed at the instance of appellant/ plaintiff stands dismissed while judgment and decree dated 22.08.2017 passed by himself to be co-owner and in joint possession the suit property, the appellant along with one another filed suit for permanent injunction with a prayer for restraining the respondents/ defendants from raising construction over the property in question. ...Respondents By way of present appeal, challenge has been laid to the 11.10.2021 passed by learned Additional suit for permanent injunction filed at the instance of appellant/ plaintiff stands dismissed while judgment and decree dated 22.08.2017 passed by owner and in joint possession the suit property, the appellant along with one another filed suit for permanent injunction with a from raising SANJAY GUPTA 2025.07.07 18:43 I attest to the accuracy and integrity of this document RSA-720 3. was not disputed by the respondents/ defendants, however, it was submitted that the construction raised by them, if any, shall be subject to partition. 4. 22.08.2017 decree however, in an appeal preferred by respondents/defendants before learned Additional District Judge, Amritsar, the judgment and decree passed by the trial Court was set aside vide 11.10.2021, ther 5. has been preferred by one the plaintiffs i.e. Amandeep Singh. 6. 7. is present 8. through the paper book. 9. property in question is joint between the parties and the con if any, raised by either side shall be subject to the outcome of the partition proceedings. 10. present appeal is disposed of as such. 720-2022 (O&M) [2] The factum of property being joint between the parties was not disputed by the respondents/ defendants, however, it was submitted that the construction raised by them, if any, shall be subject to partition. Learned Trial Court vide judgment and decree dated 22.08.2017 decreed the suit filed at the instance of plaintiffs, however, in an appeal preferred by respondents/defendants before learned Additional District Judge, Amritsar, the judgment and decree passed by the trial Court was set aside vide 11.10.2021, thereby resulting into dismissal of the suit. Aggrieved thereof, the present Regular Second Appeal has been preferred by one the plaintiffs i.e. Amandeep Singh. Notice of motion. On asking of the Court, Mr. Prateek Sodhi, Advocate, who is present in Court, accepts notice on behalf of the respondents. I have heard learned counsel for the parties and gone through the paper book. Learned counsel for the parties are property in question is joint between the parties and the con if any, raised by either side shall be subject to the outcome of the partition proceedings. In view of the agreed stand taken by both sides, the present appeal is disposed of as such. being joint between the parties was not disputed by the respondents/ defendants, however, it was submitted that the construction raised by them, if any, shall be subject Learned Trial Court vide judgment and decree dated d the suit filed at the instance of plaintiffs, however, in an appeal preferred by respondents/defendants before learned Additional District Judge, Amritsar, the judgment and decree passed by the trial Court was set aside vide decision dated eby resulting into dismissal of the suit. Aggrieved thereof, the present Regular Second Appeal has been preferred by one the plaintiffs i.e. Amandeep Singh. Mr. Prateek Sodhi, Advocate, who in Court, accepts notice on behalf of the respondents. I have heard learned counsel for the parties and gone Learned counsel for the parties are ad idem that the property in question is joint between the parties and the construction, if any, raised by either side shall be subject to the outcome of the In view of the agreed stand taken by both sides, the present appeal is disposed of as such. being joint between the parties was not disputed by the respondents/ defendants, however, it was submitted that the construction raised by them, if any, shall be subject Learned Trial Court vide judgment and decree dated d the suit filed at the instance of plaintiffs, however, in an appeal preferred by respondents/defendants before learned Additional District Judge, Amritsar, the judgment and decree dated Aggrieved thereof, the present Regular Second Appeal Mr. Prateek Sodhi, Advocate, who I have heard learned counsel for the parties and gone that the struction, if any, raised by either side shall be subject to the outcome of the In view of the agreed stand taken by both sides, the SANJAY GUPTA 2025.07.07 18:43 I attest to the accuracy and integrity of this document RSA-720 11. disposed of. 07.07.2025 sanjay 720-2022 (O&M) [3] All pending application(s), if any, shall also stan disposed of. 2025 ( Whether speaking/reasoned? Whether Reportable? All pending application(s), if any, shall also stan HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No All pending application(s), if any, shall also stand SANJAY GUPTA 2025.07.07 18:43 I attest to the accuracy and integrity of this document