C.R. No.4563 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4563 of 2010 (O&M) Date of Decision: 26.7.2010 J.T.P.L. Township …Petitioner Versus Ramesh Dutt …Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Maharaj Kumar, Advocate for the petitioner. 1. Whether Reporters of local papers 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? ALOK SINGH, J. (ORAL) 1. Learned Counsel for the petitioner states that plaintiff/respondent had filed a suit for permanent prohibitory injunction saying property is the joint property and till property is partitioned none should be permitted to raise construction on the joint property. Learned Counsel for the petitioner further states that ad- C.R. No.4563 of 2010 (O&M) -2- interim injunction was granted i.e. not to raise construction on the property in dispute till partition take place. Learned Counsel for the petitioner further states that during the pendency of the civil suit learned Revenue Court had passed decree decreeing the partition of the property. The further argument of learned Counsel for the petitioner is that property has already been partitioned and separate possession has already been handed over and relevant entries has already been made in the revenue record. Learned Counsel for the petitioner states that in view of the partition of the property in dispute, civil suit has become infructuous. He further states that an application was moved before the civil Court of this effect however the application is not being decided. He further states that now suit is listed for 2.8.2010, hence, learned trial Court be directed to decide the suit itself on 2.8.2010 or within such time as this Court thinks fit. 2. Having perused the record in my opinion, suit for permanent injunction was to restrain the defendant not to raise construction on the joint property till property is partitioned. In my view, if property has already been partitioned by the competent revenue Court then injunction suit simplicitor does not survive. 3. In the peculiar facts and circumstances of the case, learned trial Court is directed to decide the suit on 2.8.2010 or within 15 days thereafter. Learned trial Court shall be at liberty to examine learned Counsel for the parties under Order 10 Rule 2 C.P.C. to verify as to whether property is partitioned or not. If learned trial C.R. No.4563 of 2010 (O&M) -3- Court comes to the conclusion that property has already been partitioned then learned trial Court shall pass appropriate order thereon about the existence of the lis. It is made clear that if respondent feels aggrieved from this order, he shall be at liberty to approach this Court. ( ALOK SINGH ) 26th July, 2010 JUDGE ashish