C.R. No. 5640 of 2010 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 5640 of 2010 Date of Decision : 15.09.2010 Shiv Kumar Goyal .......... Petitioner Versus Jai Kumar Goyal & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. V,K, Jain, Sr. Advocate with Mr. J.K. Bhatti, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the revisional jurisdiction of this Court to challenge the orders dated 14.8.2008 and 5.4.2010, passed by the learned Courts below, vide which the application moved under Order 39 Rules 1 & 2 of the Code of Civil Procedure seeking injunction against defendant / respondents from alienating or changing the nature of the disputed property was dismissed. The plaintiff / petitioner filed a suit to challenge the sale deed in favour of the defendant / respondents on the ground, that the property sold was HUF Hindu Coparcenary property, as it was purchased by the vendor Smt. Bhagwanti Devi from the funds of HUF. C.R. No. 5640 of 2010 -2- ***** It is yet to be determined, as to whether the property was HUF giving any right to file petition to challenge the sale, or individual property of Smt. Bhagwanti Devi as claimed by her. There is, thus, no prima facie case in favour of the petitioner to claim injunction against the registered owner from using the property as desired. The learned Courts below rightly dismissed the application under Order 39 Rules 1 & 2 of the Code of Civil Procedure by holding that the petitioner had no prima facie case to seek relief of injunction. No merit. Dismissed. 15.09.2010 (VINOD K. SHARMA) 'sp' JUDGE