Baljit Kaur and Another v. Balwinder Singh Batra and Others
Case brief
What is this about?
Punjab and Haryana High Court, CR No.900 of 2021, decided 19.08.2025 by Justice Pankaj Jain (oral). Interim injunction under Order XXXIX Rule 1 & 2 read with Section 151 CPC in a neighbour dispute between owners of adjoining plots over digging/construction of a basement. Revision directed against District Judge, Patiala's order (22.03.2021) allowing defendants' appeal against the Trial Court's restraint order (23.09.2020); appellate court had found the basement already constructed and left the timing issue for trial. High Court holds no exception can be taken to the appellate order, clarifies plaintiffs may litigate at trial whether construction preceded the restraint order, and disposes of the petition. Keywords: interim injunction, basement construction, adjoining plots, Order XXXIX Rule 1 & 2 CPC, Section 151 CPC, revision disposed.
What did the court decide?
Revision petition disposed of with the aforesaid observations; no interference with the Appellate Court's order, while preserving the plaintiffs' liberty to seek adjudication at trial of whether the construction preceded the Order XXXIX Rule 1 & 2 CPC order.