Sukhwinder Kaur And Another v. Gurdeep Kaur And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

**** CR-3796-2026 Date of decision: 06.05.2026 Sukhvinder Kaur and another . . . . Petitioners Vs.

Gurdeep Kaur and others . . . . Respondents ****

CORAM:

HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr.Aman Pal, Sr. Advocate, with Ms.Neha Rani, Advocate, for the petitioner.

**** DEEPAK GUPTA, J. (ORAL) By way of the impugned order dated 20.12.2025 (Annexure P1) passed by learned Additional District Judge-I, Karnal, upholding the order dated 03.12.2021 (Annexure P2) of Learned Additional Civil Judge (Sr. Division), Assandh, the petitioners herein have been restrained from alienating the suit properties till disposal of the suit, on an application under Order 39 Rules 1 & 2 CPC. 2.

Learned senior counsel for the petitioners submits that petitioners do not intend to alienate the suit properties and therefore, are not aggrieved by the impugned orders to that extent. However, he has submitted that certain observations referring to Will, adoption and release deed, may come in the way of the petitioners and that they will be satisfied in case, it is specifically mentioned that impugned orders passed by the Courts below will have no influence while disposing of the suit on merits.

3.

The prayer as made by learned senior counsel for the appellants is in consonance with the legal position as any observation as made while disposing of the application under Order 39 Rules 1 & 2 CPC is not on the merits of the case. 4.

Consequently, the aforesaid prayer of learned senior counsel is accepted. Impugned orders passed by the Courts below are hereby modified to the extent that nothing observed therein shall influence the mind of the trial Court while disposing of the suit, on merits.

Accordingly, the petition is disposed of.

(DEEPAK GUPTA) 06.05.2026 JUDGE  Whether Speaking/reasoned Yes Whether reportable No VIVEK PAHWA 2026.05.06 17:16 I agree to specified portions of this document Chandigarh