Judgment:
CR No.4049 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR No.4049 of 2014 Date of Decision: 30.06.2014 ***** Baljinder Singh and another .
.Petitioners Versus Malkiat Singh .
.
Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Rajbir Singh, Advocate, for the petitioner.
***** RAKESH KUMAR JAIN, J.
(ORAL) The plaintiffs have filed suit for permanent injunction in which they also sought temporary injunction, by filing an application under Order 39 Rule 1 and 2 of the CPC.
The application has been partly allowed, restraining the defendant from alienating specific portion of the property but in so far as his own share is concerned, he was allowed to sell the same.
Aggrieved against the order dated 11.2.2014, plaintiff had also filed an appeal which has been dismissed on 15.5.2014 in which it has been held that the plaintiffs themselves have raised construction over the joint land, therefore, they cannot restrain the defendant from raising Pahwa Vivek 2014.07.02 11:28 I attest to the accuracy and integrity of this document CR No.4049 of 2014 -2- construction and further held that such construction is always subject to partition.
Learned counsel for the petitioners could not answer the query of the Court that when they themselves had raised construction over the joint land how could they restrain the defendant from raising construction?.
All that has been said is that the defendant may raise construction over the land except the land abutting the road.
Be that as it may, I do not find any merit in the present revision petition but it is disposed of with a direction that the construction raised by the defendant shall be subject to the outcome of the partition proceedings.
(RAKESH KUMAR JAIN) 30.06.2014 JUDGE Vivek Pahwa Vivek 2014.07.02 11:28 I attest to the accuracy and integrity of this document