R.S.A No. 1008 of 2007 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 1008 of 2007 (O&M) Date of decision : February 25, 2010 Shiv Kumar, ...... Appellant (s) v. Hukam Chand and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Sudeep Mahajan, Advocate for the appellant. Mr. Sandeep K. Sharma, Advocate for the respondents. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against the judgment of the lower appellate Court reversing that of the trial Court and thereby dismissing the suit of the appellant for permanent injunction restraining the respondents from illegally interfering in his possession of the land in dispute. It is not disputed that the appellant purchased certain land from the respondents. On the strength of those sales, the trial Court issued an injunction order. However, the lower appellate Court rejected the injunction on the ground that a co-sharer cannot get the relief against R.S.A No. 1008 of 2007 (O&M) ::2:: another co-sharer. Counsel for the respondents is not in a position to deny that this proposition is too extreme and that there may be cases where a co-sharer can obtain an injunction order against another co-sharer. He, however, argues that even though the present suit is not a suit for title yet findings have been recorded which may impact any subsequent suit which may be filed on the basis of title. Counsel for the appellant has very fairly stated that if the injunction granted by the trial Court is maintained in his favour, then he would accept the proposition that any such subsequent proceedings initiated on the basis of title would be decided on their own merits and any finding recorded in the suit would not be res judicata. Consequently, while reversing the findings of the lower appellate Court and affirming the injunction granted by the trial Court, it is clarified that if any proceedings are initiated on the basis of title, the findings recorded in the suit would not constitute res judicata and such proceedings would be decided on their own merit. This appeal stands disposed of. As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) February 25, 2010. JUDGE `kk'