DEVI DASS Vs. HARI DASS

JUDGEMENT

(1.) This appeal is directed against an order of injunction passed by the Trial Court directing the parties to maintain status quo during the pendency of the appeal.

(2.) Ordinarily the Court would not have interfered with an order of this nature but there are certain peculiarities in the present case which prevent us from endorsing the view of the trial court

(3.) The suit was filed by the plaintiff-respondent for a declaration that an oral partition had taken place between the parties who happen to be own brothers and their family members and in pursuance of that oral partition the portion, which is shown in red colour in the four maps attached to the point were allotted to the share to the plaintiff. The green portion was allotted to the defendant and so far as the.blue portion was concerned, it was left joint since it was felt that the same can not be suitable partitioned. The defence case by the appellant was that in fact a partition had taken place. Initially it was oral but it was reduced to, writing soon thereafter. Substantially the defendant agrees that the portions were allotted in the manner as suggested by the plaintiff but there is a minor difference in respect of portion towards south east of the red portion which consists of one room and two Kotharis to the west and South of the said room in the basement, as well as on the ground floor. This portion is protruding towards the south of red colour portion into the blue portion. Regarding the rest of the allotment claimed by the plaintiff, the defendant has not disputed the same.