Back
KHATIM REZA
Pradeep Kumar Dubey – Appellant
Versus
Krishna Gopal Dubey – Respondent
ORDER (CAV)
Heard, Mr. Jitendra Kishore Verma, learned counsel for the appellants, Mr. Shashi Shekhar Dwivedi, learned senior counsel for respondent nos. 5 to 13 and Mr. J.S. Arora, learned senior counsel for respondent no. 4(ii).
Re: I.A. No. 10 of 2022
2. This interlocutory application has been filed by the appellants under Order XXXIX Rule 1 and 2 read with Section 151 of the C.P.C. for restraining the respondents/opposite parties from selling, transferring, alienating and changing the physical feature of the suit land during pendency of this appeal and also to restrain the purchasers from taking forceful possession over the suit land.
3. The instant First Appeal has been filed by the plaintiffs/appellants against the judgment and decree dated 29.09.1999 passed in Title (Partition) Suit No. 127 of 1992 by the learned Sub-Judge-V, Purnea, whereby, the learned court below has dismissed the suit holding that there is no unity of title and possession between the parties in respect of the suit land and the plaintiffs are not entitled to their share in the suit properties as claimed for. The plaintiffs/appellants have filed Title (Partition) Suit No. 127 of 1992 against the defendants/
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
The court upheld the trial court's order for a temporary injunction, emphasizing that issues of joint family property versus self-acquisition necessitate thorough examination during trial.
The court clarified that a prima facie case requires a fair question giving rise to a triable issue, warranting injunction to prevent property alienation during litigation.
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
The court upheld the trial court's rejection of interim applications while allowing one to prevent property alienation, emphasizing the need for a full trial to resolve ownership disputes.
A member of an Aliyasantana family has a pre-existing right to seek partition of family property without needing to cancel a sale deed executed by another family member, provided the alienation was n....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
