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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Kumar Dwivedi, J
Usha Poddar, Widow Of Late Raj Kumar Poddar – Appellant
Versus
Ramesh Kumar Gutgutia – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Shashank Shekhar, learned counsel appearing for the appellant and Mr. J.K. Pasari, learned counsel appearing for the respondent Nos. 1, 2 and 4 to 6.
2. In view of the office note, notice upon respondent No. 3 has been validly served, however she has chosen not to appear in the matter.
3. This appeal has been filed under Order-XLIII, Rule-1(r) of the CPC, challenging the order dated 24.02.2024, passed by the learned Civil Judge (Sr. Division)-VII, Dhanbad, in M.C.A. No. 254 of 2022 [arising out of Original Suit No. 307 of 2021], whereby the learned court has been pleased to reject the application filed under Order-XXXIX, Rules 1 and 2 of the CPC.
4. Mr. Shashak Shekhar, learned counsel appearing for the appellant submits that the plaintiff-appellant has instituted the Original Suit No. 307 of 2021 for a decree of declaration that the plaintiff is entitled 1/5th share in all moveable and immovable properties, actionable claims, ownership interest in M/s Shree Ramkrishna Mills Pvt. Ltd and estate of joint Hindu family. He submits that the prayer is also made for a preliminary decree of partition of Schedule B properties and declaring plaintiff
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The probate court exclusively adjudicates the validity of a will, while partition suits can proceed simultaneously, but without seeking will validity declarations in the partition suit.
An injunction can be granted under Order 39 Rules 1 and 2 CPC to protect property rights during litigation, even with the existence of Section 52 of the Transfer of Property Act, provided legal crite....
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