Saurabh Shyam Shamshery,J. - (1.)Facts as emerged from the record the petitioner/plaintiff and respondents/ defendants No. 1 and 2 are linear of one family and rest of the respondents claim for ownership on the basis of certain sale deeds. According to petitioner on the basis of family settlement in the year 1986, the property in question as well as other moveable properties and cash etc., were divided among the family members, however the respondents have denied existence of any such family settlement. Petitioner also claims ownership of larger part of the property on the basis of sale deeds effected by other family members, however the respondents have also denied any such sale deeds. The parties to the litigation are co-owner/co-sharer of unpartitioned property in suit.
(2.)Petitioner has field O.S. No.77/2016 before the Additional District Judge, Kairana, Shamli titled (Rambhaj v. Atmaram and Ors.) against the respondents seeking permanent injunction however no relief for partition was sought. The respondents have filed written statements wherein they have denied any family partition.
(3.)The petitioner has also filed application for temporary injunction, which was objected by the respondents also. The Learned Court below by order dated 06.2.2019 rejected the said application on the ground that without a suit for partition no injunction could be granted against a co-owner. The learned Court below relied upon the judgment passed by this Court in Dukkhan and Ors v. Munni and Ors, reported in 2008 A.C.J. 981.