AMI LAL Vs. UMRAO SINGH

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 25.5.2000 passed by Additional Civil Judge (Senior Division), Narnaul, who dismissed the objections of the present petitioner (judgment debtor No. 3) for the reasons given in paras 8 and 9 of the order, which read as under :-

(2.) SOME facts can be noticed in the following manner :-

(3.) IT was then submitted by the learned counsel for the petitioner that at the most the decree holder became a co-sharer and in these circumstances, as per the latest view of the Hon'ble Supreme Court, a co-sharer can raise construction on the joint holding and the right of other co-sharers is to seek partition. It was also submitted by Mr. Mittal that his client is ready to give an undertaking before this Court that within a reasonable time he shall file partition proceedings to get the property demarcated in his favour. Also it was submitted by him that the decree in favour of the decree-holder was not in the shape of mandatory injunction. It was a decree for injunction and there is no evidence on the record to show that the present petitioner had constructed a building after the passing of the decree.