The Single Judge dismissed a civil revision challenging an order setting aside a status quo injunction granted to a coparcener plaintiff against the family karta, restating that coparceners cannot seek injunctions against karta.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.217 of 2011 Date of Decision 13.01.2011
Jaswinder Singh
...... Petitioner
VERSUS
Gurdev Singh and others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.S.S.Narula, Advocate, for the petitioner.
A.N.JINDAL, J:
Challenge in this petition is to the judgment dated 11.11.2010, passed by the Addl. District Judge, Patiala, accepting the appeal, preferred by respondent No.1 and setting aside the order dated 05.06.2010, passed by Civil Judge (Senior Division), Patiala, allowing the application, preferred by the petitioner-plaintiff under Order 39 Rule 1 & 2 and directing the parties to maintain status quo.
It is settled by now that a coparcener cannot seek injunction against the karta of the family.
In any case, this petition is dismissed. However, if any sale is effected during the pendency of the case, the same would suffer from the principles of lis-pendens.
(A.N.Jindal) Judge
13.01.2011 mamta-II
1 issue framed by the court
Whether a coparcener can seek injunction against the karta of the family?
Jaswinder Singh
Gurdev Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
