FALCON BREEDERS PVT. LTD. Vs. HARI SINGH MANN

JUDGEMENT

(1.) NOTICE of motion of this application.

(2.) MR . Hari Singh Mann, Advocate accepts notice on behalf of respondent No. 1 to 5.

(3.) I have considered the arguments put forward by the learned counsel. The judgment cited by Mr. Bhatti is not applicable in the facts and circumstances of this case. In the aforesaid judgment, the question before the Division Bench was as to whether an order of injunction ought to be granted restraining a co-sharer from making construction over joint property if his doing so is to the detriment of the interest of the other co-sharers. In that case two suits had been filed by the plaintiff seeking the same relief. The High Court directed the lower court to decide as to which of the suits was maintainable, and to decide the same. In the meantime, parties were directed to maintain status quo. Furthermore I do not see that there is any change in the circumstances justifying grant of interim relief at this stage, when the same was not granted when the matter was heard on two previous occasions i.e. 7.2.2000 and 30.4.2001. In view of the above, this application is dismissed. Application dismissed.