Gajender Singh v. Smt. Bhateri & Ors.
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 39 rr. 1, 2
Judgment
Smt. Bhateri and others ....Petitioner ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ***** Present: Mr. Sudhanshu Makkar, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) The Civil Judge (Junior Division), Bhiwani, vide order dated 18.04.2012, dismissed the application filed by the petitioner under Order 39 Rules 1 and 2 CPC. The first Appellate Court dismissed the appeal on 15.09.2012. Both orders are under challenge. sharers. Admittedly, the petitioner and the respondents are co- Both the Courts below have rightly observed that a co- sharer, not in exclusive possession, cannot seek injunction against other co-sharers. Since the petitioner is not in exclusive possession over Civil Revision No. 5943 of 2012 (O&M) 2 any portion of the suit property, therefore, he cannot seek injunction against the co-owners in joint possession. As such, the petitioner has no prima facie case in his favour for grant of injunction. No merits. Dismissed. October 05, 2012 (A.N. Jindal) Judge
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 39 rr. 1, 2.
Which court decided this case, and when?
Punjab & Haryana High Court, on 05 Oct 2012. The bench was A N JINDAL.
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.