Rajeshwari W/o Shri Shivkumar vs Sudha W/o Shri Kishore Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 1049

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK
Rajeshwari W/o Shri Shivkumar – Appellant
Versus
Sudha W/o Shri Kishore Sharma – Respondent

Advocates Appeared:
For the Appellant : Pallav Tripathi
For the Respondent: Manoj Dwivedi

Table of Content
1. factual basis for joint family property dispute. (Para 1 , 2 , 3)
2. observations on appellate court's decision and construction rights. (Para 4 , 8 , 9)
3. arguments on construction without partition. (Para 5 , 6)
4. temporary injunction required until partition. (Para 10)
5. conclusion on allowance of petition and maintaining status quo. (Para 11)

ORDER :

1. The present miscellaneous petition under Article 227 of the Constitution of India is taking exception to the order dated 11.04.2023 (Annexure P/1) passed by the Additional District Judge, Lahar, District Bhind, whereby the miscellaneous appeal preferred under Order 43 Rule 1 CPC by respondent has been allowed and order dated 02.03.2023 passed by the trial Court whereby an application of petitioners/plaintiffs under Order 39 Rule 1 and 2 CPC was allowed, has been set aside.

2. As pleaded and submitted, a suit for permanent injunction under Section 38 of the Specific Relief Act has been preferred by the petitioners/plaintiffs on the basis of submissions that out of the joint family property situated as per the particulars given in the plaint, part of it was purchased by the respondent/defendant from the plaintiffs.