JAI SINGH Vs. AJAI SINGH AND OTHERS

JUDGEMENT

(1.) The challenge herein is to refusal for issuance of injunction by Fourth Additional Civil Judge (Sr. Div.), Dehradun, vide impugned judgment and order dated 06.02.2016.

(2.) The necessary facts, sans unnecessary details, are that Shri R.K.P.N. Singh (grandfather of plaintiff -appellant Shri Jai Singh) purchased some property in the name of his wife Smt. Chandrawati Singh. He had two sons, namely, Shri Jai Singh and Shri Vikram Singh. During the lifetime of Mr. Singh himself, a family partition took place among all the family members viz. Mr. Singh himself, his wife and two sons.

(3.) To give effect such family partition, (which virtually had happened on 14.01.1988), a legal colour an O.S. No.594 of 1992 was brought by all the members of Joint Hindu family, wherein, it was accepted by Mr. Singh that the property, wherefor, division was sought under the Suit, was a Joint Hindu Family property. Since, such Suit was only to rap the legal sanctity over the de facto partition, which had already occurred. Soon after, all the defendants filed their written statements and accepted the averments of the plaint.