Possession--Plaintiff was not delivered possession of land in dispute same being under mortgage at time of sale--Mortgage had not been redeemed

2010(1) LAW HERALD (P&H) 198
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
R.S.A. No. 2122 of 1993
Tehal Singh & Ors.
v.
Jangir Singh & Ors.
{Decided on 21/08/2009}
For the Appellant: Mr. O.P. Nagpal, Advocate.
For the Respondents: Mr. S.C. Pathela, Advocate.
Specific Relief Act, 1963--Civil Procedure Code, 1908, O.39, R.1 & 2--Injunction--Permanent injunction--Possession--Plaintiff was not delivered possession of land in dispute same being under mortgage at time of sale--Mortgage had not been redeemed--Mortgagees who were in possession of land not summoned at spot at time of allegedly giving possession to plaintiff--Therefore, rapat roznamcha regarding delivery of possession was held to be fabricated documents--Plaintiffs were not entitled to injunction. (P. 12 & 13)
--------------

Ad-interim injunction--Joint property--Land had not partitioned by co-sharers

2010(1) LAW HERALD (P&H) 183
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Civil Revision No. 1295 of 2009
Sandeep Kumar
v.
Satish Kumar
{Decided on 06/08/2009}
For the Revision-petitioners: Mr. Pardeep Goyal, Advocate.
For the Respondent: Mr. Ashok Bhardwaj, Advocate.
Civil Procedure Code, 1908, O.39, R.1 & 2--Ad-interim injunction--Joint property--Land had not partitioned by co-sharers--Even if, the plaintiff and the defendants, purchased the property, by specific khasra nos. and boundaries, it could not be said, that they were in exclusive possession of any portion of the joint property--Appellate Court, was right, in directing the parties to maintain status quo, with regard to the possession and alienation of the suit property, in any manner, till the same was partitioned. (P.8)
-----------