Punjab & Haryana High Court: While deciding an appeal filed by the petitioner against the order passed by the Additional District Judge, Raj Mohan Singh, J., allowed the appeal setting it aside.
Petitioner has filed the instant appeal against the order dated 31-07-2020 vide which the application filed by the petitioner under Order 41 Rule 5 CPC for a stay of operation of judgment and decree dated 06-03-2020 was dismissed. Suit for permanent injunction filed by the petitioner was dismissed by the trial Court.
In the appeal filed by the petitioner against the judgment and decree dated 06-03-2020, the interim injunction has been declined on the ground that the petitioner is also a co-sharer in the suit land and suit for a permanent injunction is not maintainable against other co-sharer.
Counsel for the petitioner, Harsh Chopra cited the judgment delivered in the case of Bachan Singh v. Swaran Singh, 2000 SCC OnLine P&H 233 and Puran Singh v. Kuldeep Singh, 2018 SCC OnLine P&H 1966 He further submitted that in a situation where the value or utility of the property is diminished, a co-owner can seek an injunction to prevent the same from happening.
In view of the facts, circumstances and arguments advanced the Court allowed the appeal and set aside the order dated 31-07-2020. The Court also directed the parties to maintain the status quo during the pendency of the appeal.[Dalip Singh v. Surinder Jain, 2020 SCC OnLine P&H 1624, decided on 08-10-2020]
Yashvardhan Shrivastav, Editorial Assistant has put this story together
