ARUN KUMAR Vs. KULWANT KAUR

JUDGEMENT

(1.) ONE Jagatri Lal was the owner of house No. 3220, Sector 37-D, Chandigarh. He was married to Padma Rani and from this wedlock, the petitioners were born. Said Padma Rani died on 26.9.1983. Thereafter, Jagatri Lal remarried with Kulwant Kaur, respondent No. 1 on 26.9.1984 and from this wedlock Tarun Kumar, respondent No. 2 was born. Said Jagatri Lal died on 21.3.2001. The petitioners were in possession of first and second floor of house No. 3220, Sector 37-D, Chandigarh while ground floor was in possession of the respondents. The petitioners and respondent Nos. 1 and 2 are co-owners in the suit property to the extent of 1/4th share each.

(2.) THE respondents filed a civil suit for partition by way of metes and bounds of house No. 3220, Sector 37-D, Chandigarh. An application for interim stay was also filed by them seeking to restrain the petitioners from dispossessing the respondents from the suit property or interfering in their peaceful possession over the house in dispute. A prayer was also made to restrain the petitioners from alienating the suit property in any manner. It was also prayed that the petitioners be restrained from raising any construction.

(3.) HOWEVER , the said application for interim stay was decided on merits. It was accepted by the learned trial Court vide impugned order dated 10.2.2006 and the petitioners were restrained from raising any construction or changing the nature of the property or alienating the same or dispossessing the respondents from the suit property.