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2019 Supreme(Raj) 1647

P.K. LOHRA
Deepak – Appellant
Versus
Rekha – Respondent


Advocates Appeared:
Mr. O.P. Mehta, Advocate, for the Appellant; Mr. Arpit Bhoot, Advocate, for the Respondent

JUDGMENT

P.K. Lohra, J. - Appellant, by the instant appeal, under Order XLIII, Rule 1 read with section 104 CPC, has challenged impugned order dated 5th of August, 2010, passed by Addl. District Judge (Fast Track) No.4, Jodhpur (for short, 'learned trial Court'). By the impugned order learned trial Court allowed the application of respondent-plaintiff under Order XXXIX, Rule 1 & 2 CPC for grant of temporary injunction in a suit for partition and issued direction to the appellant defendant to maintain status-quo regarding the suit property.

2. Precisely, in the application for temporary injunction filed along with the suit, the plaintiff stated inter-alia that she being daughter of Late Brij Kishore Agrawal is entitled to her /rd equal share with other co-sharer her sister Kavita and brother Deepak in movable and immovable properties left by her father. It is averred that her brother got executed relinquishment deed from her sister Kavita and wish to raise new construction on the land of disputed property, which may create unnecessary complications in future and would result in multiplicity of proceedings besides clogging the fruits of the future decree to be passed. In substance, res

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