In a civil revision, this court dismissed the petition challenging an ad-interim injunction restraining the petitioner from alienating suit land. The injunction was granted during pendency of a title suit involving conflicting claims based on a will and natural succession.
The civil revision petition was dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No. 2656 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 2656 of 2011 Date of Decision: 25.4.2011
Gurdeep Singh
.. Petitioner
Vs.
Jaswant Kaur & Ors.
.. Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR
**Present:Mr. Sarju Puri, Advocate for the petitioner. *****
ARVIND KUMAR, J.
Both the Courts below have granted the relief of ad-interim injunction in favour of the plaintiffs-respondents and have restrained the petitioner-defendant not to alienate the suit land during pendency of the civil suit.
Heard.
It emerges out from the records that the plaintiffs filed a suit for declaration of their title on the suit land i.e. estate left by deceased Sher Singh, husband and father respective of plaintiffs, on the basis of natural succession and also sought restraint order against defendant not alienating the suit land to anybody, who claimed his title over the same on the basis of some will dated 7.1.2007.
It is evident that on the basis of will dated 7.1.2007 the defendant got entered the mutation in respect of property of Sher Singh in his favour, which after contest was once remanded back and ultimately set aside and the mutation was ordered to be entered on the basis of natural succession. The defendant claimed himself to be in possession of the suit land and since the authenticity of the aforesaid Will, on the basis of which
Civil Revision No. 2656 of 2011
2
the claim of the defendant hinges and claimed himself to be in possession of the suit land, is yet to be ascertained, the Courts below rightly granted adinterim injunction in favour of the plaintiffs by directing the defendant not to alienate the suit land, during the pendency of the suit.
There is no illegality or perversity in the impugned order. The revision petition, being without merit, is accordingly dismissed in limine.
(ARVIND KUMAR) JUDGE
April 25, 2011 Jiten
2 issues framed by the court
Whether the High Court should allow the civil revision against the ad-interim injunction restraining the petitioner from alienating the suit land pending a title suit.
Whether there is any illegality or perversity in the order granting ad-interim injunction.
Gurdeep Singh
Jaswant Kaur & Ors.
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
