Mohan Lal And Ors vs Narender Kumar And Ors
2022 Latest Caselaw 10646 P&H

                                   323

                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                                CHANDIGARH

                                                                                    CR-2984-2022 (O&M)
                                                                              Date of decision : 07.09.2022


                                   Mohan Lal and Others                                                ... Petitioner(s)

                                                                           Versus

                                   Narender Kumar and Others                                        ... Respondent(s)



                                   CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                                   Present :         Mr. Vivek Sharma, Advocate for the petitioners.

                                                     Mr. Vivek Suri, Advocate for respondent Nos.1 to 6.



                                   ALKA SARIN, J. (ORAL)

The present revision petition has been filed under Article 227 of

the Constitution of India for challenging the impugned order dated

11.07.2022 (Annexure P-9) passed by the Civil Judge (Junior Division),

Panchkula. The impugned order dated 11.07.2022 only declines the request

of counsel for the plaintiff-petitioners for grant of ad interim injunction at

that stage. The matter has been now adjourned to 15.09.2022 for filing the

written statement and reply to the application under Order 39 Rules 1 and 2

of the Code of Civil Procedure, 1908 (CPC). It has been observed by the

Trial Court that from a perusal of the jamabandi placed on the record by the

plaintiff-petitioners, it transpires that the plaintiff-petitioners are not in

exclusive possession of the suit property as alleged by the plaintiff-

YOGESH SHARMA petitioners.

2022.09.12 10:09 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh CR-2984-2022 (O&M) -2-

The brief facts relevant to the present lis are that the plaintiff-

petitioners filed a suit for permanent injunction for restraining the defendant-

respondents from interfering in actual, physical and peaceful possession of

the plaintiff-petitioners over the suit land as also for issuing an injunction for

restraining the defendant-respondents from dispossessing the plaintiff-

petitioners from the suit land in any manner. Further challenge has been laid

to the sale deed No.398/1 dated 01.06.2022 executed by defendant-

respondent Nos.1 and 2 in favour of defendant-respondent Nos.3 and 4, in

respect of 5 khasra numbers, total measuring 9 kanals 12 marlas 6 sarsai.

On 11.07.2022 the defendant-respondent Nos.1 to 6 appeared before the

Trial Court and their counsel filed his power of attorney on their behalf.

None had appeared on behalf of defendant-respondent Nos.7 to 10 despite

service and hence they were proceeded against ex parte. Counsel for the

plaintiff-petitioners insisted that there was an urgency in the matter and

prayed for grant of an interim injunction on the ground that the property in

question was ancestral property and the plaintiff-petitioners were in

exclusive possession as owners for the last more than 50 years. It was

further stated that the defendant-respondent Nos.1 and 2 had wrongly and

illegally sold specific khasra numbers abutting the road, which is more

valuable land, to defendant Nos.3 and 4 vide sale deed dated 01.06.2022

without getting the property partitioned. It was also stated before the Trial

Court that the partition proceedings qua the suit property are pending.

Admittedly, the plaintiff-petitioners and the defendant-

respondents are co-sharers in the suit property and the partition proceedings YOGESH SHARMA 2022.09.12 10:09 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh CR-2984-2022 (O&M) -3-

are pending. Without the reply to the application under Order 39 Rules 1 and

2 CPC and the written statement being on the record, it would not be

possible to ascertain as to whether the plaintiff-petitioners being co-sharers

would be entitled to an injunction against the other co-sharers.

In view of the above, I do not find any illegality or infirmity in

the order passed by the Trial Court. The present revision petition is

accordingly dismissed. Pending applications, if any, also stand disposed off.

It is, however, made clear that any observation made

herein shall not be treated as an expression of opinion on the merits of the

case.

                                                                                    ( ALKA SARIN )
                                   07.09.2022                                            JUDGE
                                   Yogesh Sharma

NOTE : Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2022.09.12 10:09 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh