Court No. - 4 Case :- WRIT - C No. - 38169 of 2010 Petitioner :- Bhuidhar Singh Respondent :- Banshraj Singh
Petitioner Counsel :- Surjeet Singh
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Plaintiffrespondent filed a suit for permanent injunction to restrain
the defendantpetitioner from interfering in his peaceful possession
over the suit property and not to raise any construction or change
the nature without partition. Trial court vide order dated 14.11.2007
dismissed the application for temporary injunction application
against which an appeal was preferred. The lower appellate court
finding that both the parties are cosharers and there is no actual
partition by metes and bounds but the defendantpetitioner was
trying to raise construction over a specific portion, directed the
parties to maintain status quo.
Apart from above fact that petitioner has approached this Court
after about more than a year of passing of the impugned order,
even otherwise there is no evidence of partition by either of the
parties nor is entitled to raise any construction on the joint land
without carrying partition.
In view of above, the court below has not committed any illegality
in passing the order directing the parties to maintain status quo.
The writ petition, accordingly, fails and stands dismissed in limine.
05.07.2010
VKS/ WP 38169/10