M. PRABHU RAMAKRISHN Vs. SHYAM KUMAR SHRIVASTAVA

JUDGEMENT

(1.) Both these appeals arise out of a common order dated 24.06.2019 passed by the learned single Judge in Application No. 507 and 508 of 2019 in C.S. No. 321 of 2019. By the said order, the learned single Judge dismissed the applications in O.A. Nos. 507 and 508 of 2019 and vacated the interim injunction granted on 29.04.2018. Aggrieved by the same, the present Original Side Appeals are filed by the appellants.

(2.) The plaintiffs are the appellants in these appeals. They have filed the suit for the relief of partition and for declaration to declare the various sale deeds executed by the defendants as null and void and not binding them. According to the plaintiffs, the properties described in the plaint schedule were the ancestral properties which were in possession and enjoyment of the father of the first plaintiff by name W. Narasinga Prasad and his brother Khaniya Lal. Among the several properties owned by them, few of the properties were orally partitioned, but several other properties were not subjected to any partition. In those circumstances, a suit in C.S. No. 114 of 1963 was filed before this Court by the first plaintiff herein and his father W. Narasinga Prasad against Khaniyalal. The suit ended in compromise by a decree dated 24.04.1969 whereby the schedule mentioned properties were allotted to the first plaintiff and his father late. W. Narasinga Prasad. It is the case of the plaintiffs that the first plaintiff's father Narasinga Prasad married one Rama Bai and after her demise, he contracted a second marriage with one C.B.Prasad. Due to the wedlock between the first plaintiff's father and Rama Bai, five children were born and through the second wife, six children were born. The second plaintiff is the son of the first plaintiff and grand son of Late. Narasinga Prasad. Defendants 1 to 5 are grand children of Narasinga Prasad born to his daughter Girija Srivastava. Defendants 6 to 10 are children of late. Uma Devi, another daughter of Narasinga Prasad. The blood sisters of the first plaintiff namely Rathna Shrivastava, Kanthi Shrivastava, Madhumathi and N. Sudha have relinquished their 1/24th share in the entire properties of Late. Narasinga Prasad and therefore, they are not arrayed as parties in the suit. It is stated that the mother of the first plaintiff Mrs.C.B.Prasad died in the year 2012 and before her death, she had settled her share in the suit properties in favour of her grand son namely the second plaintiff. It is also stated that a partition deed dated 31.12.1980 was entered into as per which the quantum of share to all the sharers had been decided. As per the partition deed, the first plaintiff was allotted 13/24 share and other sisters were allotted 1/24 share in the ancestral properties. The grievance of the plaintiffs appear to be that the defendants 1 to 10, who are the legal heirs of first plaintiff's sisters (since deceased) by name Uma Devi and Girija Shrivastava have sold the properties measuring 52 acres jointly to which they are not entitled to. Such sale deeds have emanated by means of fraud and collusion between the defendants 1 to 21 and those sale deeds will not bind the plaintiffs in any manner. The plaintiffs have therefore filed the aforesaid suit.

(3.) Pending suit, by an order dated 29.04.2019 passed in O.A. No.508 and 509 of 2019, this Court granted an interim injunction restraining the defendants 1 to 21, their men, agents, representatives or any one claiming through them from in any manner alienating or encumbering the plaint described property till the disposal of the suit. Subsequently, when the application was taken up for hearing on 17.06.2019, the learned single Judge, finding that the plaintiffs themselves have sold certain lands, which are the subject matter of the suit, by executing a sale deed dated 23.05.2019, after obtaining the order of injunction on 29.04.2019, vacated the interim injunction. In Para No.5 and 6 of the order dated 24.06.2019 passed in Application No. 507 and 508 of 2019 in C.S. No. 321 of 2019, the learned single Judge observed as follows:-