Rajbir v. Ishwar

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.681 of 2016 Date of Decision.03.02.2016 Rajbir .......Petitioner Vs.

Ishwar ......Respondent

Present:

Mr. Pawan Kumar Hooda, 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 plaintiff sought for a restraint against defendant from putting up construction on plea that there is a common wall in existence and he was putting up construction on the common wall. Restraint from putting up construction on a common wall as well as using the common wall cannot be easily granted at an interlocutory stage. If the plaintiff's contention is that his wall has developed some cracks, the remedy will be for claiming damages. Right now, I will find nothing extraordinary for preventing the defendant from putting up construction on the common wall. The injunction which has been declined by the Appellate Court would not require to be modified in such a circumstance. 2.

The revision petition is dismissed.

(K. KANNAN) JUDGE February 03, 2016 Pankaj* PANKAJ KUMAR 2016.02.05 12:13 I attest to the accuracy and integrity of this document