OM PARKASH AND OTHERS Vs. GURCHARAN SINGH ANOTHER

JUDGEMENT

(1.) The defendants aggrieved by the order of interim injunction granted in favour of the plaintiffs by the trial Court and upheld by the First Appellate Court have preferred the present Revision.

(2.) The plaintiffs have contended that they have filed a suit for permanent injunction seeking to restrain the defendants from raising any sort of construction over specific portion of the suit property. The plaintiffs purchased 201/425 shares out of the suit land from Shavi Kumar vide registered sale deed dated 29.05.2007. The possession of the suit land was also handed over to them at the spot. It is alleged that the 1 st defendant in collusion with the defendants no.2 to 5 are making an attempt to put up construction over specific portion of the suit land. Having thus alleged, the plaintiffs have prayed for temporary injunction as against the defendants from raising construction and changing the existing nature of the suit property.

(3.) The defendants have contended in their reply that though the plaintiffs are co-sharers to the extent of 201/425 shares, they were not in possession of the suit property. The defendants are in possession of Khasra nos. 12/23/1, 24/1/1 and 25/1/1. It is further alleged that the defendants and the earlier co-sharers had orally partitioned the suit property. Alleging that the plaintiffs cannot seek injunction against the defendants being co-sharers, the have prayed for dismissal of the application for temporary injunction.