Amita Garg v. Atul Garg Etc

C.R. No.1325 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1325 of 2016 Date of Decision.23.02.2016 Amita Garg .......Petitioner Vs.

Sh. Atul Garg and another ........Respondents

Present:

Mr. Rajinder Kumar Singla, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The petition is at the instance of the wife seeking for injunction in relation to the property that admittedly belonged to the husband. The husband has sold the property in the year 2010. The plaintiff claims to have married in the year 2012. The injunction is sought against the husband and the husband's step son in whose favour there has been a sale in the year 2010.

2.

The relief of injunction cannot be made against the true owner denying his title to the property. If the contention is that the sale has been made with an intent to defeat the maintenance, that cannot also be supported for the sale has taken place even before she assumed the status as wife.

3.

There is no way that the petitioner can maintain an action for injunction against such person. The relief of status quo which was ordered by the trial Court has been modified at the Appellate Court and PANKAJ KUMAR 2016.02.25 10:59 I attest to the accuracy and integrity of this document

C.R. No.1325 of 2016 -2declined the relief of injunction. The Appellate Court has done what was appropriate and correct legally. The revision petition is dismissed. (K. KANNAN) JUDGE February 23, 2016 Pankaj* PANKAJ KUMAR 2016.02.25 10:59 I attest to the accuracy and integrity of this document