SUSHI RATTAN KAPAHI Vs. SHIV KUMAR KAPAHI

JUDGEMENT

(1.) The main suit is for partition and the plaintiff claims I /2 share in the suit property which is of an extent of 369.44 sq. yds. I do not want to deal with the facts in detail because the suit itself was filed in 1987 in the lower Court. Subsequently, it was returned on account of question of jurisdiction and the suit came to be numbered in this Court as Suit No. 1054/94 and I am dealing with the primafacie contentions of the parties for the purpose of I.As.

(2.) I.A.4482/94 is for injunction and the relief is in the following terms :- "It is, therefore, respectfully prayed that by an ex-parte order the defendants Nos. 1 and 2 be restrained from alienating and/or parting with possession, disposing of creating any third interests in respect of the property bearing No. 70, measuring369.44 sq. yds. in Motia Khan, Dump Scheme, M.M. Road, now known as Rani Jhansi Road. That by an ex-parte order the defendant Nos. I and 2 be further restrained from raising any construction and/or alteration in respect of the property bearing No. 70, measuring 369.44 sq. yds. in Motia Khan, Dump Scheme, M.M. Road, now known as Rani Jhansi Road." I.A.9908/94 has been filed by the first defendant for rejecting the plaint under Order 7 Rule 11 CPC. I.A. 9909/94, filed by the first defendant for a direction .to the plaintiff to deposit a sum of Rs. 25,000.00 every month for discharging a liability of the firm to DDA on account of the penalty to be imposed for not raising the construction over the plot in question.

(3.) I.A.1630/95 is filed by the first defendant for vacating the injunction granted in I.A. 4482/94.