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by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

SUPREME COURT CLARIFIES AN IMPORTANT SARFAESI QUESTION Can a bank invoke the SARFAESI Act for a…

Joint property does not automatically mean an injunction against every act of a co-sharer. An interesting clarification has come from the Himachal Pradesh High Court in Suman Devi v. Gayatri Devi & Anr., CMPMO No. 115 of 2019, decided on 31 August 2026. The dispute concerned construction over jointly possessed property. The High Court held that a co-sharer cannot ordinarily be restrained from raising construction merely because the property remains joint. The crucial question is whether the complained-of act results in: • Ouster of the other co-sharer; • Prejudice or adverse impact on their rights; • Diminution of the property’s value or utility; or • Material interference with their enjoyment or accustomed use of the property. The Court also reiterated that before granting an injunction under Order 39 Rules 1 & 2 CPC, the Court must properly examine the prima facie case, balance of convenience and irreparable injury. What is particularly significant is the Court’s observation that merely reproducing pleadings and directing status quo, without analysing these requirements and relevant material, cannot sustain an injunction order. The High Court ultimately set aside the orders of the courts below and dismissed the interim injunction application. Practical lesson: In co-sharer disputes, the existence of joint ownership is only the starting point. The party seeking injunction must demonstrate actual legal prejudice—not merely apprehension arising from construction. #LegalUpdate #PropertyLaw #CivilLitigation #CoOwnership #Injunction #Partition #IndianLaw #HimachalPradeshHighCourt

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

Joint property does not automatically mean an injunction against every act of a co-sharer. An…

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by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

Calcutta High Court on Impleadment of Third Parties in Specific Performance Suits A recent ju…

Supreme Court: Mother’s Income Does Not Automatically Halve Father’s Child Maintenance A significant observation by the Supreme Court of India in Sujata Kumari & Ors. v. Rahul Kumar & Anr., 2026 INSC 896. The mother was a qualified gynaecologist earning ₹1.5 lakh per month, while the father stated that he earned ₹2 lakh per month. The High Court reduced interim maintenance for the two daughters from ₹30,000 each to ₹15,000 each, reasoning that the responsibility of maintaining the children could not rest solely upon the father. The Supreme Court restored the Family Court’s order of ₹30,000 per month for each daughter. The Court held that the fact that the mother earns is not, by itself, a reason to halve the father’s liability. An important observation was that the obligation to maintain children is shared by both parents, but “cannot be divided by arithmetic alone.” The Court also recognised that the parent who looks after the children’s daily needs and upbringing makes a real contribution, even though such care cannot simply be measured in money. Key takeaway: Child maintenance is not determined merely by asking whether the mother is earning. The needs of the children and the circumstances and contributions of both parents remain relevant. #SupremeCourt #FamilyLaw #ChildMaintenance #Maintenance #MatrimonialLaw #LegalUpdate #IndianLaw

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

Supreme Court: Mother’s Income Does Not Automatically Halve Father’s Child Maintenance A sign…

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by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

Can a Senior Citizen Evict a Son Under the Senior Citizens Act? A senior citizen may own a pro…

Supreme Court Clarifies: One Appeal or Two Against Suit and Counterclaim? The Supreme Court has held that where a suit and counterclaim are decided by a common judgment, a composite appeal can be filed against both. The appeal must separately set out the grounds challenging the suit decree and the counterclaim decree, and court fees must be paid according to the valuation of both. The ruling also clarifies that the position remains the same whether one decree or two decrees are drawn up. Basudev & Ors. v. Sanjay Kumar & Ors. Supreme Court of India | 11 August 2026 A useful clarification for parties and advocates dealing with civil suits involving counterclaims. #SupremeCourt #CivilLaw #CPC #Counterclaim #LegalUpdate

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

Supreme Court Clarifies: One Appeal or Two Against Suit and Counterclaim? The Supreme Court h…

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