Amandeep Singh Amandeep Singh v. Rajwant Kaur and ors. Rajwant Kaur and ors
Case Details
RSA-720 720-2022 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH RSA RSA-720-2022 (O&M) Date of Decision: 07.07.2025 Date of Decision: 07.07.2025 Amandeep Singh Amandeep Singh ...Appellant VERSUS Rajwant Kaur and ors. Rajwant Kaur and ors. ...Respondents ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE , Advocate Present : Mr.V.K. Sandhir, Advocate Present : for the appellant. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present appeal, challenge has been laid to the By way of present appeal, challenge has been laid to the By way of present appeal, challenge has been laid to the 11.10.2021 passed by learned Additional judgment and decree dated 11.10.2021 passed by learned Additional 11.10.2021 passed by learned Additional judgment and decree dated District Judge, Amritsar, whereby the District Judge, Amritsar, suit for permanent injunction the suit for permanent injunction filed at the instance of appellant/ plaintiff stands dismissed while filed at the instance of appellant/ plaintiff stands dismissed while filed at the instance of appellant/ plaintiff stands dismissed while filed at the instance of appellant/ plaintiff stands dismissed while judgment and decree dated 22.08.2017 passed by reversing the judgment and decree dated 22.08.2017 passed by judgment and decree dated 22.08.2017 passed by reversing the learned Trial Court. learned Trial Court 2. Claiming himself to be co owner and in joint possession himself to be co-owner and in joint possession with the respondents/ defendants of with the respon the suit property, the appellant the suit property, the appellant along with one another filed suit for permanent injunction with a along with one another filed suit for permanent injunction with a along with one another filed suit for permanent injunction with a along with one another filed suit for permanent injunction with a from raising prayer for restraining the respondents/ defendants from raising prayer for restraining the respondents/ defendants prayer for restraining the respondents/ defendants construction over the property in question. construction over the property in question. construction over the property in question. SANJAY GUPTA 2025.07.07 18:43 I attest to the accuracy and integrity of this document RSA-720 720-2022 (O&M) [2] 3. being joint between the parties The factum of property being joint between the parties being joint between the parties was not disputed by the respondents/ defendants, however, it was was not disputed by the respondents/ defendants, however, it was was not disputed by the respondents/ defendants, however, it was was not disputed by the respondents/ defendants, however, it was submitted that the construction raised by them, if any, shall be subject submitted that the construction raised by them, if any, shall be subject submitted that the construction raised by them, if any, shall be subject submitted that the construction raised by them, if any, shall be subject to partition. to partition. 4. Learned Trial Court vide judgment and decree dated Learned Trial Court vide judgment and decree dated Learned Trial Court vide judgment and decree dated d the suit filed at the instance of plaintiffs, 22.08.2017 decreed the suit filed at the instance of plaintiffs, d the suit filed at the instance of plaintiffs, 22.08.2017 decree however, in an appeal preferred by respondents/defendants before however, in an appeal preferred by respondents/defendants before however, in an appeal preferred by respondents/defendants before however, in an appeal preferred by respondents/defendants before learned Additional District Judge, Amritsar, the judgment and decree learned Additional District Judge, Amritsar, the judgment and decree learned Additional District Judge, Amritsar, the judgment and decree learned Additional District Judge, Amritsar, the judgment and decree dated passed by the trial Court was set aside vide decision dated passed by the trial Court was set aside vide passed by the trial Court was set aside vide eby resulting into dismissal of the suit. 11.10.2021, thereby resulting into dismissal of the suit. 11.10.2021, ther 5. Aggrieved thereof, the present Regular Second Appeal Aggrieved thereof, the present Regular Second Appeal Aggrieved thereof, the present Regular Second Appeal has been preferred by one the plaintiffs i.e. Amandeep Singh. has been preferred by one the plaintiffs i.e. Amandeep Singh. has been preferred by one the plaintiffs i.e. Amandeep Singh. 6. 7. Notice of motion. Mr. Prateek Sodhi, Advocate, who On asking of the Court, Mr. Prateek Sodhi, Advocate, who Mr. Prateek Sodhi, Advocate, who in Court, accepts notice on behalf of the respondents. is present in Court, accepts notice on behalf of the respondents. is present 8. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through the paper book. through the paper book. 9. that the Learned counsel for the parties are ad idem that the Learned counsel for the parties are struction, property in question is joint between the parties and the construction, property in question is joint between the parties and the con property in question is joint between the parties and the con if any, raised by either side shall be subject to the outcome of the if any, raised by either side shall be subject to the outcome of the if any, raised by either side shall be subject to the outcome of the if any, raised by either side shall be subject to the outcome of the partition proceedings. partition proceedings. 10. In view of the agreed stand taken by both sides, the In view of the agreed stand taken by both sides, the In view of the agreed stand taken by both sides, the
Decision
present appeal is disposed of as such. present appeal is disposed of as such. present appeal is disposed of as such. SANJAY GUPTA 2025.07.07 18:43 I attest to the accuracy and integrity of this document RSA-720 720-2022 (O&M) [3] 11. All pending application(s), All pending application(s), All pending application(s), if any, shall also stand if any, shall also stan if any, shall also stan disposed of. disposed of. 2025 07.07.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.07.07 18:43 I attest to the accuracy and integrity of this document