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2025 DAILYLAW 96548 (PNJ)

SUNITA KUMARI v. JAI BHAGWAN

RSA/3119/2025 · 2025-09-08

Deepak Gupta

body2025

Judgment text

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RSA-3119-2025 Page N: 1 of 2 Pages IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH RSA-3119 of 2025 (O&M) Decided on : 08.09.2025 Sunita Kumari ……Appellant Versus Jai Bhagwan ……Respondent CORAM : HON'BLE MR.JUSTICE DEEPAK GUPTA Present: Mr. Ram Pal Verma, Advocate For the appellant. DEEPAK GUPTA, J. Plaintiff of the case is before this Court against the concurrent orders passed by the Courts below. 2. Plaintiff-appellant is the daughter of defendant- respondent. As per the case of plaintiff, she was coparcener in the Joint Hindu Property with her father-defendant being its karta. She sought to restrain the defendant from alienating the suit property. On an application moved by the defendant i.e. respondent herein, under Order VII Rule 11 read with Section 151 CPC, the plaint was rejected by the trial Court vide order dated 20.03.2023 and that order has been up-held by the First Appellate Court on 16.07.2025 in the appeal filed by the appellant herein. 3. After hearing the learned counsel, this Court does not find any merit so as to call for any interference in the impugned orders, as the case is squarely covered by the legal position explained by this Court in Jhujhar Singh Vs. Giant Tarlok Singh, 1987(1) PLR 399; and by Hon’ble Supreme Court in Sunil Kumar Vs. Ram Parkash 1988(2) PLR 159, as per which during lifetime of a karta, a coparcener cannot seek JITEN SHARMA 2025.09.09 17:10 I attest to the accuracy and integrity of this document RSA-3119-2025 Page N: 2 of 2 Pages to restrain the Karta from alienating the undivided coparcenary property. 4. As such, finding no merit in the present appeal, the same is hereby dismissed. (DEEPAK GUPTA) 08.09.2025 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JITEN SHARMA 2025.09.09 17:10 I attest to the accuracy and integrity of this document