Harnek Kumar and Ors. v. Harish Sharma & Ors.
Case brief
What is this about?
This single-judge order disposed of a civil revision challenging the dismissal of an interim injunction. The court held that while the property claimed to be ancestral was not conclusively proved, it modified the lower order by lifting the restraint on the sale purchasers to alienate the property, contingent on compliant disclosure in sale deeds.
What did the court decide?
Interim injunction modified; no restraint on alienation by respondents if they disclose pendency of suit in sale deed.
What the court decided
Civil Revision No. 4003 of 2008
(1)
In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 4003 of 2008 (O&M)
Date of decision : 23.3.2009 Harnek Kumar and others ..... Petitioners vs Harish Sharma and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Pankaj Jain, Advocate, for the petitioners.
Mr. Sanjay Gupta, Advocate, for the respondents.
Rajesh Bindal J.
The plaintiffs have approached this court challenging the order dated 16.5.2008 passed by the learned Additional District Judge, Ropar, whereby in an appeal filed by respondents no. 1 to 3, the order passed by the learned Civil Judge (Junior Division), Kharar, granting interim injunction in favour of the petitioners/plaintiffs was reversed.
Briefly, the facts are that the petitioners filed a suit for declaration claiming themselves to be co-owner in joint possession of suit land and also challenging the sale-deeds dated 18.10.1996 and 29.10.1996 executed by respondent no. 4 in favour of respondents no. 1 to 3, with the plea that he was not competent to dispose of the property, the same being joint Hindu family coparcenary and ancestral property. Initially the learned trial court finding that prima facie case has been made out by the petitioners granted interim injunction, however, the learned Lower Appellate Court reversed the same finding that the petitioners have not been able to make out a prima facie case and further that balance of convenience was not in their favour. It is this order which is challenged before this court.
Issues for consideration
3 issues framed by the court
Whether the interim injunction granted in the lower court should be maintained given the property is claimed to be ancestral.
Whether to modify the lower appellate order imposing restraint on respondents to alienate the property during the pendency of the suit.
Whether proper disclosure regarding pendency of suit in sale deeds is sufficient to balance rights of buyers and petitioners.
Parties & counsel
- petitioner
Harnek Kumar and others
- respondent
Harish Sharma and others
Coram
Rajesh Bindal
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · March
- Registered
- Case no.
- CR/4003/2008
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