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NARENDRA SINGH DHADDHA
Chanderpal – Appellant
Versus
Prem Singh – Respondent
| Table of Content |
|---|
| 1. appellant's appeal background and trial court order. (Para 1) |
| 2. claim of coparcener rights; wrongful dismissal. (Para 2) |
| 3. cited precedents relevant to partition dispute. (Para 3) |
| 4. opposition to claim based on inheritance and possession. (Para 4) |
| 5. court's reasoning and dismissal of the appeal. (Para 5 , 6) |
| 6. conclusion on pending applications. (Para 7) |
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 counse
A coparcener cannot seek a temporary injunction against another coparcener regarding joint family property, as they have adequate legal remedies available to claim their share.
(1) Female Hindu succession – On death of a coparcener leaving behind Class-I female heirs, interest of coparcener in coparcenary property would devolve by testamentary or intestate succession and no....
Prima facie evidence of co-ownership is crucial for issuing a temporary injunction in property disputes.
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