Chanderpal vs Prem Singh - 2023 Supreme(Raj) 1925

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1925

NARENDRA SINGH DHADDHA
Chanderpal – Appellant
Versus
Prem Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Nikhlesh Katara
For the Respondents: J.K. Moolchandani, Aditya Singh

JUDGMENT :

Narendra Singh Dhaddha, J.

1. Instant appeal has been filed by the appellant-applicant (for short 'the applicant') against the order dated 01.05.2023 passed by Additional District Judge No. 3, Bharatpur in Civil Misc. Case No. 43/2023 titled as Chanderpal v. Prem Singh & Ors., whereby the trial court dismissed the temporary injunction application filed by the applicant under Order 39, Rule 1 & 2 read with section 151 CPC.

2. Learned counsel for the applicant submits that applicant had filed a suit for partition, declaration and permanent injunction against the respondents-non applicants (for short 'the non-applicants') and also filed a temporary injunction application, but trial court vide order dated 01.05.2023 wrongly dismissed the temporary injunction application filed by the applicant. Learned counsel for the applicant also submits that property mentioned in the plaint was coparcenary joint Hindu family property of applicant and non-applicant Nos.1 to 6. After the death of the ancestor, the said property was received by non-applicant No. 1, wherein the applicant being a coparcener had 1/6th share. Non-applicant Nos.1 to 3 wanted to sell the plots but they have not giv

Click Here to Read the rest of this document