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2025 DAILYLAW 92273 (PNJ)

TEJPAL SINGH AND ORS v. RAJWINDER KAUR AND ORS

RSA/457/2018 · 2025-03-25

Deepak Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 108 RSA-457-2018 Date of Decision: 25.03.2025 TEJPAL SINGH AND ORS …..Appellants Vs. RAJWINDER KAUR AND ORS …..Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Ms. Anamika Sheoran, Advocate for Mr. Vikas Singh, Advocate for the appellants. ****** DEEPAK GUPTA, J. (ORAL) Suit for permanent injuncon filed by the plainffs-Tejpal Singh and others (appellants herein) was decreed by the trial Court on 05.11.2016 by restraining the defendants (respondents herein) from occupying or culvang the suit property to the extent of more than their share and also to restrain them from occupying any specific poron of the suit property to the exclusion of the plainffs. The appeal filed by the defendants was allowed by the First Appellate Court vide judgment dated 20.03.2017 by holding that as both the pares are co-sharers in joint possession of the suit property, so one of the co-sharer cannot seek injuncon against the other. Against the aforesaid reversal, plainffs have approached this Court. I have heard learned counsel for the appellants at length. PRIYANKA 2025.03.25 17:41 I attest to the accuracy and integrity of this document RSA-457-2018 -2- It is conceded by learned counsel that pares are co-sharers in joint possession of the suit property and that none of party is in exclusive possession of any poron of the suit property . In the aforesaid facts and circumstances, no illegality or perversity has been commi2ed by the First Appellate Court in dismissing the suit for permanent injuncon, as injuncon cannot be granted in favour of one co-sharer against the other. No merits. Dismissed. ( DEEPAK GUPTA ) 25.03.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.03.25 17:41 I attest to the accuracy and integrity of this document