SHARIF AHMAD Vs. CHAKSHU AND ASSOCIATE

JUDGEMENT

(1.) This First Appeal From Order is against the order of Civil Judge(Senior Division), Jhansi dated 01.03.2012 by which the temporary injunction application (6-C) filed by the plaintiff-appellant has been rejected.

(2.) The plaintiff filed suit for permanent injunction and declaration of their right and at the same time for a direction to the defendants not to interfere in the possession and change nature by raising any construction unless there is partition between the parties. The suit has been filed on the premises that transfer in favour of defendant no.1 by the remaining defendants is in excess of their rights and as the plaintiff-appellant has also purchased a portion of the property in question and therefore, although, they may be having minor/lesser share in the property but on the facts, the defendant no.1 is not to be permitted to raise construction/change nature of the property in question without partition. At the time of filing suit, an application for temporary injunction was also filed in which, initially, when the application was heard, injunction was granted on 11.10.2011 and the parties were directed not to raise any construction unless there is partition and both parties were directed to maintain status quo.

(3.) Thereafter, on exchange of pleadings, the injunction application has been rejected and thus, the present appeal.