ORDER

This Miscellaneous Appeal is filed on behalf of plaintiff, being aggrieved of order dated 03.02.2018, passed by learned First Addl. Judge to the First Addl. District Judge, Singrauli, Headquarters, Waidhan, District Singrauli, in regular Civil Appeal No.44/2017, whereby, learned Addl. District Judge, has rejected an application under Order 39 Rule 1 & 2 read with Section 151 of CPC.

Plaintiff filed a suit in regard to various Survey numbers mentioned in para 2 of the impugned order situated at Village Padri, Khairwari Tola, Tahsil Mada, District Singrauli, claiming his share in the said property. Suit was admittedly dismissed by the learned trial Court vide judgment and decree dated

16.05.2017.

In para 11 of the order, it is noted that as per the law laid down by Supreme Court in Meena Choudhary Vs. Commissioner of Delhi Police and others, in Civil Appeal No.8439-40/2009 (SC), it is held that one cosharer cannot claim injunction against another cosharer and on the basis of such finding rejected an application under Order 39 Rule 1 & 2 of CPC.

In the present case, it has come on record that father of the plaintiff and defendant nos. 1, 4 and 5 had partitioned their property during