Jyotirmay Bhattacharya, J. - (1.) This First Miscellaneous Appeal is directed against an order of rejection of the plaintiffs' application for temporary injunction. The plaintiffs filed a suit for partition. In such a suit, the plaintiffs filed an application for temporary injunction for restraining the defendants from alienating, encumbering the suit property and/or changing the nature and character thereof till the disposal of the suit.
(2.) It is rightly held by the learned trial judge that a co-sharer has every right to transfer and/or alienate his share in the joint property. As such, it was rightly held by the learned trial judge, no injunction order can be passed restraining the defendants from selling, transferring and/or encumbering the suit property. The learned trial judge, after considering the report of the learned Advocate's Commissioner held that apprehension of the plaintiffs that the defendants are trying to raise construction on the suit property is fanciful, as the learned Commissioner reported that there was no sign of alleged construction on the suit plot.
(3.) When holding as such, the learned trial judge rejected the plaintiffs' application for temporary injunction, we do not find any justifiable reason to admit this appeal for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure.;