LAKHBIR SINGH versus MANJIT KAUR & ORS.

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Lakhbir Singh v. Manjit Kaur & Ors. - CR-1786-2006 [2006] RD-P&H 11985 (5 December 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.M. No. 21972-CII of 2006

and C.R.No. 1786 of 2006

Date of decision : 7.12.2006.

Lakhbir Singh

.........Petitioner.

Versus

Manjit Kaur & Ors.

...........Respondents.

CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA
Present : Mr.Gurcharan Dass,Advocate

for the applicant-petitioner.

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VINOD K. SHARMA,J.( ORAL )

C.M. No. 21972-CII of 2006

For the reasons stated in the application, order dated 26.10.2006 is recalled and the case is restored to its original number.

C.R.No. 1786 of 2006

Present revision petition has been filed against the orders passed by the learned Courts below granting injunction in favour of the respondents plaintiffs and restraining the petitioner herein from alienating the property during the pendency of the suit.

The petitioner was claiming right to the property on the basis of will dated 10.11.1987, which was disputed by the respondents-plaintiffs.

The learned Courts below rightly observed that the will is yet to be proved C.M. No. 21972-CII of 2006 [2]

and C.R.No. 1786 of 2006

and in absence thereof the respondents plaintiffs have a right to seek restrain of alienation of property as they had claimed the property on the basis of inheritance.

There is no error or illegality in the order passed by the learned Courts below which may call for interference by this Court.

Dismissed.

7.12.2006 ( VINOD K. SHARMA )

'sp' JUDGE

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