G C SINGH PURI Vs. SURJIT KAUR

JUDGEMENT

(1.) By this order,. I propose to dispose of lAs. 7709/93 and 7306/94.

(2.) I.A. 7709/93 is an application under Order 39, Rules 1-2 Civil Procedure Code filed by the plaintiff seeking ad interim injunction against the defendant. I.A., 7306/94 is an application under Order 39, Rule 4 Civil Procedure Code filed by the defendant seeking vacation of the Interim order dated 17.11.1993.

(3.) The plaintiffs he filed this suit for partition of the suit plot No. X-72, Udyog Nagar, Peeragarhi on the ground that the suit plot had been allotted to a firm styled M/s. Rarnco of which the plaintiff No. 1 and mother of plaintiff No. 2 Smt. Mahinder Kaur (since deceased) and the defendant were partners. On the contrary, it is stated in the application I.A. No. 7306/94 that by the deed of dissolution cum partnership dated 1.8.1985, the firm styled M/s. Ramco was dissolved. According to the said Dissolution/ Partnership Deed, plaintiff No. 1 and Smt. Mahinder Kaur ( mother of plaintiff No. 2) withdraw from the partnership firm and all the assets of the erstwhile partnership firm including the suit plot were left to the continuing partners i.e. the present defendant and her son, Jawahar Lal Singh. After dissolution of the erstwhile firm, all its assets including the suit plot are in possesion of the defendant. On these averments it is contended that the plaintiffs have failed to make out a prima case for grant of ad interim injunction.