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AJIT KUMAR
Niresh Yadav – Appellant
Versus
Pramod Kumar – Respondent
JUDGMENT
Ajit Kumar, J.
Heard Sri Anil Kumar Pandey, learned counsel for the petitioners and perused the record.
2. By means of this petition filed under Article 227 of the Constitution, the petitioners have challenged the order dated 9th September, 2022 passed by the trial court modifying its earlier interim injunction order dated 22nd February, 2021 and also the order passed in revision petition by the court below rejecting revision petition under its order dated 18th November, 2022.
3. The argument advanced by learned counsel for the petitioners is that once the temporary injunction order was granted in favour of the petitioners and only order that was passed by this Court in previous proceedings was to permit the contesting defendants respondents to move an application for modification of the order, the court ought not to have modified the order in terms in which it has been done.
4. The observations made in the operative portion of the order that family partition/ arrangements that had taken place at the time of predecessor-in-interest should be maintained and accordingly, the parties would be permitted to do agriculture activity upon the suit land, was bad for the fact that par
The cause of action for partition is independent and recurring, and a previous suit for a different relief does not preclude a suit for partition.
In joint family property disputes, co-sharers cannot commence construction without prior partition or demarcation to avoid future complications.
Co-owners cannot seek injunction against each other without proof of exclusive possession or detrimental acts; mere construction does not constitute ouster.
The main legal point established in the judgment is that a co-owner who is not in exclusive possession of any part of the property is not entitled to seek an injunction against another co-owner, unle....
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