Disposed¶19

Dharambir Singh v. Smt. Asha and Another

Punjab & Haryana HC18 Feb 2025CR/1346/2018

Case brief

AI extract

What is this about?

CR-1346-2018 (O&M); Dharambir Singh v Asha and another; High Court of Punjab and Haryana at Chandigarh; Anil Kshetarpal, J (oral); decision date 18.02.2025; civil revision against First Appellate Court order dated 30.11.2017 modifying trial Court injunction; status quo regarding construction over and change of nature of suit property till final partition; plaintiff's suit decreed in 2023; temporary injunctions operate during pendency of suit; revision petition rendered infructuous and disposed of as infructuous; pending miscellaneous applications also disposed of; no statute or precedent cited; no monetary quantum involved.

What did the court decide?

The temporary injunctions granted by the Court operate during the pendency of the suit; once the plaintiff's suit has been decreed, the revision petition is rendered infructuous. ¶18

Dharambir Singh Vs Smt. Asha and Another — Punjab & Haryana HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

113

¶3

CR-1346-2018 (O&M) Date of decision: 18.02.2025

DHARAMBIR SINGH

..Petitioner

Versus

ASHA AND ANOTHER

..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

¶10

Present: Mr. Mukesh Rao, Advocate Mr. Ravi Rai, Advocate for the petitioner.

¶11

Mr. Raghbir Singh, Advocate for Mr. Abhimanyu Singh, Advocate for respondent.

¶12

ANIL KSHETARPAL, J(Oral)

¶13

This revision petition has been filed to challenge the correctness of First Appellate Court’s order passed on 30.11.2017 while modifying the injunction order passed by the trial Court. Learned counsel for the petitioner does not dispute that the plaintiff’s (petitioner herein) suit has been decreed in the year 2023. He submits that the First Appellate Court had erred in granting injunction in the following manner:-

¶14

“16. However, in fact and circumstances of the present case, the interest of justice will be served if the order of Learned Trial Court is modified. Consequently, the order of Learned Trial Court is modified and the parties to the present suit are directed to maintain status quo regarding raising of construction over the suit property and changing nature of the property till final partition between the parties. Consequently, the present appeal is decided accordingly. Memo of costs be prepared. Trial Court record along with copy of this judgment be sent to the concerned Court. Record of the instant appeal be consigned to the records, after due compliance. ”

¶15

MOHD AYUB 2025.02.20 12:55 I attest to the accuracy and authenticity of this order/judgment.

¶16

CR-1346-2018 (O&M)

¶17

-2-

¶18

The temporary injunctions granted by the Court operate during the pendency of the suit once the plaintiff’s suit has been decreed, the revision petition is rendered infructuous.

¶19

Hence, the revision petition is disposed of as infructuous.

¶20

All the pending miscellaneous applications, if any, are also

¶21

disposed of.

¶22

February 18^th , 2025 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶23

MOHD AYUB 2025.02.20 12:55 I attest to the accuracy and authenticity of this order/judgment.

Dharambir Singh v. Smt. Asha and Another

Case brief

What is this about?

What did the court decide?

Dharambir Singh v. Smt. Asha and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Harish and Ors. Vs Satyapal and Ors.

Haryana Urban Development Authority and Anr. Vs Dr S.M. Bagla

Sadhu Singh Vs Hari Singh etc.

Atul Sareen and Ors. Vs Bhupinder Singh

Parbhu Ram Vs Devinder Singh

Joginder Singh Vs Gian Wati