- (1.) HEARD Mr. D.C. Srivastava, Counsel for the appellant -plaintiff and Mr. Surya Prakash Upadhyay, Counsel for the respondent -defendant.
(2.) THIS First Appeal From Order under Order XLIII Rule (I)(r) of the Code of Civil Procedure arises from the order dated 13.2.2014 passed by the I/c II Additional Civil Judge (Senior Division), Court No. 21, Lucknow in Regular Suit No. 727 of 2013: Rupali Saran Vs. Amit Saran, whereby learned Additional Civil Judge (Senior Division), Court No. 21, Lucknow rejected the application (6 -Ga) preferred by the appellant/plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. Appellant/plaintiff (Rupali Saran) filed a suit for prohibitory injunction in the Court of Civil Judge (Senior Division), Lucknow, which was registered as Regular Suit No. 727 of 2013. Along with the suit, appellant/plaintiff had also filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the "CPC"], which was marked as 6 -Ga. Notice was issued and in response thereof, respondent/defendant appeared and filed objection. The court below, after hearing the parties, rejected the application preferred by the appellant/plaintiff by means of the impugned order.
(3.) WHILE assailing the impugned order, Mr. D.C. Srivastava, Counsel for the appellant submits that the property in question is a joint property. After the death of her father, property in question was also devolved upon legal heirs including the appellant and no partition has taken place between the parties but even then, under the garb of in possession over the property in question, the respondent/defendant has started to alienate the property in question and as such, appellant preferred aforesaid suit along with an application for temporary injunction but the Court below erred in rejecting the appellant's application for temporary injunction by means of the impugned order.;