JAI KARAN SHARMA Vs. RAM KUMAR

JUDGEMENT

(1.) THE petitioner has invoked jurisdiction of this court under Article 227 of the Constitution of India to challenge the order passed by the learned Civil Judge (Jr. Division), Gurgaon and that of learned Additional District Judge, Gurgaon allowing an application moved by the plaintiff respondent seeking injunction, under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure.

(2.) THE plaintiff respondent filed a suit for permanent injunction restraining the defendant-petitioner from raising any sort of construction or encroaching upon valuable portion of the land in question without getting the same partitioned by metes and bounds.

(3.) IT is also the case of the plaintiff respondent that defendant petitioner purchased some land out of Khewat/Khata No. 73/75 and 74Min/76. Thus, he is also co-sharer in the land in question. It was claimed that being co-sharer he has no right to change the nature of the suit property or to raise construction over the joint property without getting the same partitioned.