Court No. - 33

Case :- MATTERS UNDER ARTICLE 227 No. - 2217 of 2021

Petitioner :- Swaminath Yadav And Another

Respondent :- Surendar And 2 Others

Counsel for Petitioner :- Ashutosh Mishra

Hon'ble Ashwani Kumar Mishra,J.

This petition is directed against the orders passed by the courts

below refusing to grant injunction to the plaintiff petitioners in

respect of property of which the plaintiffs are co-sharers. Both

the courts below have returned a finding that no partition by

metes and bounds has yet been carried out, and therefore,

injunction cannot be granted against the defendants, who are the

co-sharers.

Learned counsel for the petitioners submits that a family

partition had already taken place between the parties and the

defendants are interfering in the share allotted to the plaintiffs.

Though plea of partition has been set up but which part of land

has gone to which of the co-sharers is disputed. Admittedly no

partition by metes and bounds has yet taken place. In such

circumstances the orders passed by the courts below refusing to

grant injunction to the plaintiff against his co-sharers cannot be

said to be illegal in any manner. Law is settled that all the co-

sharers have right over every inch of land, unless their shares

are demarcated. This petition under Article 227 of the

Constitution of India, therefore, fails and is consigned to

records.

It is, however, provided that as the suit has remained pending

for last more than 05 years the court concerned shall make all

endeavours to dispose of pending proceedings of Original Suit

No.442 of 2016, without granting any unnecessary adjournment

to either of the parties.

Order Date :- 17.6.2021

Anil