Gurdev Kaur And Others v. Kartar Singh And Another

RSA No.2128 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.2128 of 2016 (O&M) Date of decision:06.09.2016 Smt. Gurdev Kaur and others ... Appellants Vs.

Kartar Singh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Amit Kumar Walia, Advocate for the appellants.

AMIT RAWAL J. (Oral) Appellant-defendants are aggrieved of the decreetal of the suit, whereby, they have been restrained from changing the nature of the property during the partition proceedings.

I am of the view that law on this point is settled by the Hon'ble Full Bench of this Court in Bhartu vs. Ram Sarup 1981 PLJ 204 and Division Bench of this Court in Bachan Singh vs. Swaran Singh 2000 (3) RCR (Civil) 70. The injunction granted by the Court below is perfectly legal and justified.

In view of the fact that the partition proceedings are pending and concurrent findings of facts and law are based upon the appreciation of oral and documentary evidence, no interference is warranted. No substantial question of law arises for adjudication of the present appeal. Savita 2016.09.08 10:29 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.2128 of 2016 (O&M) {2} Accordingly, the appeal stands dismissed.

(AMIT RAWAL) JUDGE September 06, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.09.08 10:29 I attest to the accuracy and integrity of this document High Court Chandigarh