DEVENDRA SINGH Vs. JAGDAMBA PRASAD

JUDGEMENT

(1.) Heard Mr. I.P.Kohli, learned counsel for the petitioner.

(2.) In this case, the petitioner has prayed for issuance of a writ of certiorari quashing the order dtd. 22/11/2021 as well as 1/12/2021 passed by the learned Civil Judge (S/D), Pauri Garwhal in O.S. No. 13 of 202 and also giving a direction to the learned Civil Judge(S/D), Pauri Garhwal to decide the ad-interim injunction application expeditiously within a period of 30 days.

(3.) The petitioner has filed a suit with respect to the lands in question, which are joint family and ancestral properties of the parties. He was apprehending that the defendants are selling specific portions of land to other persons. It is settled principle of law that a co-sharer can sell his undivided infest in a joint family property but he cannot sell a specific portion of land to an outsider, who is not a member of the co-parcenary of the joint family property. Learned Civil Judge (S/D), should have granted an ex-parte ad interim injunction against the respondents from further executing sale-deeds in favour of outsiders. Subsequent to writ application has been filed against a non-issuance of ad-interim injunction. No useful purpose would be served by issuing notice and granting injunction by this Court in view of the fact that the matter can be decided by the learned senior Civil Judge.