Civil Revision No. 4262 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4262 of 2011 Date of Decision: 18.7.2011 Pritam Singh and Others …Petitioners Versus Hardip Singh and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Dr. Dayal Partap Singh Randhawa, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) In the present revision petition, impugned order dated 11.5.2011(Annexure P4), passed by the Court of Additional District Judge, Ferozepur, has been assailed whereby it reversed the order dated 27.4.2009 (Annexure P3) passed by the trial Court and held that the plaintiff is entitled to injunction and restrained the present petitioners/defendants to the suit from filling up the suit land with earth and from making any type of construction over the suit land till the disposal of the suit. In paragraph No.4 of the present revision petition, it has been asserted that the present petitioners/defendants to the suit are co- sharers with the plaintiff. The trial Court denied injunction primarily on the ground that no injunction can be issued against the co-sharer. This observation of the trial Court was reversed in the appeal as the lower Civil Revision No. 4262 of 2011 2 Appellate Court, relying upon Akshay Kumar v. Rakesh Kumar 2000 (1) Punjab Law Reporter 244 and Rishal Singh and Others v. Sri Bhagwan and Another 2007(2) Civil Court Cases 793, held that being a co-sharer, the present petitioners/defendants to the suit cannot raise construction over the suit property until the land is partitioned. It was further held that if a co-sharer in possession, without getting the land partitioned, raises construction, it will be prejudicial to the rights of the other co-sharers. Thus, there is no infirmity in the impugned order (Annexure P4) passed by the lower Appellate Court. Hence, no interference is warranted in the present revision petition and the same is hereby dismissed in limine. At this stage, learned counsel for the petitioners submits that out of caution, this Court should observe that anything said herein will have no affect on the final disposal of the suit. To allay this apprehension, it is clarified as such. (Kanwaljit Singh Ahluwalia) Judge July 18, 2011 “DK”