Civil Revision No.1632 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1632 of 2004 (O&M) Date of Decision 21.07.2009 Jagtar Kaur ......Petitioner VERSUS Manpreet Kaur and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Ravinder Kaur, Advocate, for the petitioner. ***** A.N.JINDAL, J(ORAL): This petition is directed against the order dated 12.03.2004, passed by Addl. District Judge, Ludhiana, whereby the appeal preferred by the defendant-respondent Manpreet Kaur (herein referred as 'the defendant') against the order dated 02.08.2002 passed by Civil Judge (Junior Division), Samrala allowing the application for interim injunction, was accepted. Hence this petition. Gurdial Singh was the owner of the suit property and on his death, the same was inherited by Gurdial Kaur-his widow, his sons Dilbagh Singh and Satwinder Singh, (defendants No.2 and 3), his grand son Jeet Pal @ Ajit Pal Singh (now deceased) and the plaintiff Jagtar Kaur widow of Balraj Singh. Jagtar Kaur filed this suit seeking permanent injunction restraining Manpreet Kaur defendant from interfering in possession of the suit property. Alongwith the suit, an application for ad-interim injunction was also filed. The suit as well as the application were contested wherein Civil Revision No.1632 of 2004 2 Manpreet Kaur-defendant denied all the allegations. The trial Court was pleased to grant temporary injunction in favour of the plaintiff. The appeal filed by Manpreet Kaur-defendant was accepted. Heard. On perusal of the record, it transpires that on the death of Gurdial Singh, mutation No.2347 was sanctioned in favour of Manpreet Kaur-defendant and Jagtar Kaur-plaintiff in equal shares qua the property of Jeet Pal Singh. Contention raised by the petitioner is that since defendant No.1 Manpreet Kaur committed the murder of Jeet Pal Singh, therefore, she could not inherit the property of Jeet Pal Singh and, consequently, she cannot be termed to be in possession of the suit land. In this regard, it may be observed that no such judgment has been placed on record whereby Manpreet Kaur defendant was convicted for the murder of Jeet Pal Singh. As long as, she is not convicted for the murder, she may be treated as innocent. Pendency of the case will not affect her right to remain as co- sharer in the suit property. It is also well settled by now that the co-sharer cannot seek injunction against the other co-sharer unless the later is proved to be in possession specific khasra numbers, therefore, the suit filed by Jagtar Kaur appears to be misconceived. Resultantly, she is not entitled to any injunction. No ground to interfere. Dismissed. (A.N.Jindal) Judge 21.07.2009 mamta-II