The Single Judge dismissed a regular second appeal, holding that co-owners cannot succeed in a suit for injunction without prior partition. The remedy is to seek partition, and construction by others remains subject to partition outcomes.
Appeal dismissed; no interference with the reversed findings of the lower appellate Court.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.5863 of 2016 (O&M) Date of decision:18.12.2018
Om Parkash
... Appellant
Vs.
Rakesh Kumar Garg and others
... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr.Sudhir Aggarwal, Advocate, for the appellant.
AMIT RAWAL J. (Oral)
Short point involved in the present appeal is whether the appellant-plaintiff and defendant-respondents, who were concededly coowners can succeed in a suit for injunction in the absence of partition, the answer is 'No'.
The trial Court decreed the suit of the plaintiff, whereby, defendants being co-sharers were injuncted from raising the construction but the Lower Appellate Court has reversed the findings. Remedy for the plaintiff is to seek partition for the purpose of determination of the share and the construction raised by other side would always be subject to the outcome of the partition proceedings, both preliminary and final decree.
No ground for interference is made out in the impugned judgment and decree.
Resultantly, the regular second appeal is dismissed.
December 18, 2018 (AMIT RAWAL) savita JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No
SAVITA KADIAN 2018.12.20 10:58 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether co-owners can succeed in a suit for injunction in the absence of partition.
Om Parkash
Rakesh Kumar Garg
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
