Dismissed

Tara Chand and Ors. v. Dharampal

Punjab & Haryana HC22 Mar 2012CR/1814/2012

Case brief

AI extract

What is this about?

Petitioners challenged an order dismissing their appeal for stay of construction on joint land. The High Court found no merit in the petition as the respondent had given an undertaking to demolish the shed and forgo compensation if the specific plot fell to the petitioners' share upon partition.

What did the court decide?

Petitioners' civil revision petition was dismissed; the impugned order allowing the appeal and dismissing the stay application remains.

Tara Chand and Ors. Vs Dharampal — Partition | Punjab & Haryana HC (2012)

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Civil Revision No. 1814 of 2012 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 1814 of 2012 (O&M) Date of decision: 22.3.2012

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Tara Chand and others

.. Petitioners

Vs.

Dharampal

.. Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

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Present: Mr. G. S. Sandhu, Advocate for the petitioners.

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Rajesh Bindal J.

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Challenge in the present petition is to the order dated 11.2.2012, passed by the learned lower appellate court, whereby appeal filed by the defendant-respondent against the interim order granted by the trial court was allowed and the application for stay was dismissed.

¶13

Learned counsel for the petitioners-plaintiffs submitted that the land is still joint. Partition proceedings are pending, but still the respondent-defendant had raised construction and was in the process of setting up of a plastic factory which will change the nature of the land. It should not be permitted unless the partition takes place.

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After hearing learned counsel for the petitioners, I do not find any merit in the submissions made. It has been noticed by the court below that the respondent-defendant had stated before the court that the construction was complete upto 70%. It is in the kind of a shed which, according to learned counsel for the petitioners, is to be used for the purpose of setting up of a plastic factory. He had further undertaken that he will not claim any compensation at the time of partition of land in case the land in question, over which a shed has been constructed, comes to the share of the plaintiffs. He will demolish the temporary shed at his own cost.

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Civil Revision No. 1814 of 2012 [2]

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Considering the aforesaid statement and also the fact, as is evident from the photograph placed on record as Annexure P-3, where construction work is almost complete, I do not find any ground to interfere with the impugned order.

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Accordingly, the present petition is dismissed.

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( Rajesh Bindal ) Judge

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22.3.2012 mk

Tara Chand and Ors. v. Dharampal

Case brief

What is this about?

What did the court decide?

Tara Chand and Ors. v. Dharampal

Case brief

What is this about?

What did the court decide?

What the court decided

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