✦ Punjab & Haryana High Court · 29 Aug 2012

Sadhu Singh v. Sukhdev Singh

Civil Revision No. 4034 of 2012AJAY TEWARI

Case at a glance

Outcome

Disposed of

With these observations, the petition stands disposed of

Provisions considered

Judgment

CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. RPS Cheema, Advocate, for the petitioner. AJAY TEWARI J.(Oral) **** The petitioner has filed this petition under Article 227 of the Constitution of India to set-aside the order dated 21.05.2011 (Annexure P-1) passed by learned Civil Judge (Senior Division), Moga, whereby application of the petitioner under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for restraining the respondent from alienating the property in dispute was dismissed. The petitioner also prays for setting-aside the order dated

Operative part

09.01.2012 (Annexure P-2) whereby the appeal filed against the aforesaid order has been dismissed by learned Addl. District Judge, Moga. At the out set, learned counsel for the petitioner states that as regards the property within the share of the respondent, there can be no restraint but no co-sharer can be permitted to sell the property beyond his share. Learned lower Court in its order dated 21.05.2011 has categorically mentioned that the respondent is entitled to sell his Civil Revision No. 4034 of 2012(O&M) [2] share in the property in dispute. Obviously, necessary implication is that the respondent cannot sell more than his share in the property in dispute. After hearing learned counsel for the appellant, I do not find any infirmity in the orders passed by both the Courts below. With these observations, the petition stands disposed of.

29.08.2012 'ravinder' (AJAY TEWARI) JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With these observations, the petition stands disposed of

Which statutory provisions did this judgment involve?

Constitution of India — art. 227; Code of Civil Procedure, 1908 — O. 39 rr. 1, 2.

Which court decided this case, and when?

Punjab & Haryana High Court, on 29 Aug 2012. The bench was AJAY TEWARI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Punjab & Haryana High Court or eCourts case status (search case no. Civil Revision No. 4034 of 2012). ← Search more judgments