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1990 Supreme(Pat) 170

BINOD KUMAR ROY
Gita Mishra – Appellant
Versus
Adhikari Kunwar – Respondent


Judgment

Binod Kumar Roy, J.

1. The plaintiff is the appellant herein. She assails an order refusing to grant injunction.

2. The relevant facts, as it is apparent from perusal of the impugned order as also the plaint, are as follows :

The suit in question was filed partition of l/3rd share by appointing a pleader Commissioner alleging that her father Ragho Saran Sahi had three wives, that she and Defendant No. 5 were daughters of the 2nd wife, whereas Defendants 2 and 3 are her step brother and sister respectively and defendant No. 1 is her step mother (the 3rd wife of Ragho Saran Sahi; that the first wife had died issuless; and that the third re-marriage took place after 10 years of the death of her mother. She also prayed for graut of permanent injunction for restraining the defendants from transfering the suit properties which includas the residential house. She filed an application for grant of an interim injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure stating therein that the defendants, who are co-sharers, want to execute certain documents in connivance with lathials to jeopardise the interest of the plaintiff. Notice was issued to the defendants who













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