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J. J. MUNIR
Sanjay Kumar Tripathi – Appellant
Versus
Suryakali Tripathi – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This petition under Article 227 of the Constitution is directed against an order passed by Mr. Vinay Singh, Additional District Judge, Court No. 21, Kanpur Nagar, allowing Misc. Civil Appeal No. 103 of 2023 and setting aside the ad interim injunction dated 19.09.2023, granted by the learned Additional Civil Judge (Jr. Div.) Court No. 8, Kanpur Nagar in O.S. No. 1341 of 2023.
2. The petitioners are the plaintiffs of O.S. No. 1341 of 2023, whereas the sole defendant-respondent to this petition is their mother. The property in dispute, that is the suit property, is agricultural land, wherein both the plaintiff-petitioners (for short, ‘the plaintiffs’) and the defendant-respondent (for short ‘the defendant’) hold shares as they claim. The suit property is admittedly undivided. The details of this property are given at the foot of the plaint, giving rise to the suit, whereas in paragraph Nos.2 and 3, the plaintiffs disclose their shares in the suit property and that of the defendant. The cause of action, which the plaintiffs set forth in the plaint, is that the defendant, who is a co-sharer of the plaintiffs and their mother, under the influence of the plaintif
A co-sharer in undivided property can transfer their share without partition; injunctions to prevent such transfers are not legally sustainable.
(1) Injunction – There is absolutely no right inhering in co-sharer of a property to prevent another co-sharer by Court’s injunction from transferring that other’s unpartitioned share.(2) Preliminary....
The revenue court has jurisdiction to grant interim injunctions in partition suits under the U.P. Revenue Code, and construction on joint land does not change its nature as a holding.
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
remedy of a co-owner not in possession, or not in possession of a share of the joint property, is by way of a suit for partition or for actual joint possession, but not for ejectment. Same is the cas....
A co-owner can seek injunction against another co-owner to prevent wrongful dispossession, contrary to the trial court's ruling that denied such relief.
The entry in the RSROR shall prevail over the entry in the CSROR as it is the later one. A co-sharer cannot construct a building on the common property without the consent of the other co-owners. The....
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