TILAK PRADHAN Vs. RANJANA PRADHAN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by one of the defendants against an order dated 6-10-2009 (Annexure-P/1), passed by the Court of Eighth Civil Judge Class-II, Gwalior in Civil Suit No. 25A/09.

(2.) Short facts relevant for the purpose of this petition are that plaintiffs/respondents No. 1 to 4 and the defendants are from a common ancestors. Plaintiffs/respondents No. 1 to 4 instituted a suit for declaration of title and perpetual injunction in respect of various pieces of agricultural land described in paragraph 2 of the plaint with a prayer that it be declared that the plaintiffs are Bhumiswamis and occupant of undivided l/3rd share of the property. Suit is being opposed by certain defendants on the ground that the plaintiffs have already sold their shares by registered sale-deeds. Alternatively, the plaintiffs would be entitled, at the most, to the extent of l/7th undivided share. Few of the defendants have also submitted counter-claim along with written statement.

(3.) Plaintiffs, simultaneously submitted an application for temporary injunction under Order 39, Rules 1 and 2, Civil Procedure Code with allegations that partition of the suit property has not taken place and the defendants, therefore, have no right to alienate the suit property or any part thereof, in specific. Though, the prayer was opposed, it was allowed vide order dated 22-7-2008. Consequently, learned trial Judge injuncted the plaintiffs as well as defendants from alienating the suit property and from creating any charge over it during pendency of the suit. Admittedly, this order has attained finality.