(1.) This is an appeal preferred against order dated 7.2.2011 passed by Sub-Judge-VII, Gaya, in Title Partition Suit Nos. 15/10/216/10, refusing the prayer of ad interim injunction made on behalf of plaintiff appellant. The admitted case of the parties is that one late Ram Nandan Prasad Singh who died in the month of October 2002, followed by his widow Smt. Kusum Kumari Devi who also died in the year 2007, was common ancestor of the parties and plaintiff appellants are heirs (husband's sons and daughters) of their deceased daughter Nirmala Singh, and respondents are three other surviving daughters namely, Manorma Singh, Shila Singh and Meena Singh besides son and daughter of Meena Singh, since in favour of one of the daughter of Meena Singh, Saumya Kumari, defendant No. 6, there are some deeds of gift executed by her deceased maternal grandmother Kusum Kumari Devi.
(2.) The plaintiff appellant has come out with the suit claiming 1/4th share in the entire suit properties being Class-I, heirs of deceased late Ram Nandan Prasad Singh and his widow on being aware of about the deeds of gift etc. through notices issued in C.W.J.C. No. 17075/2009 with a relief besides other that on adjudication of deeds of gift a preliminary decree of partition to the extent of plaintiff share in suit property be passed.
(3.) And in Schedule-B, they have given description of various lands said to be allotted in the unit of Ram Nandan Pd. Singh and his wife Kusum Kumari Devi in Ceiling Case No. 156/1973-74, and at the foot of said Schedule-B, there is description of details of suit property covering under Khata No. 16 in Village-Karamdih and Khata No. 102/191 in Village-Chandauti. But by filing separate petition under Order 39, rules-1 & 2 C.P.C. they prayed for ad-interim injunction to restrain defendant No. 6 only from alienating the lands of village Karamdih under Khata No. 16.