ADITYA VIKRAM SINGH Vs. ARVIND KUMAR

JUDGEMENT

(1.) This appeal has been filed challenging the order dated 28.5.2014, by means of which injunction has been granted in favour of the respondent in a suit filed for partition.

(2.) Submission of counsel for the appellant is that the suit itself was not maintainable and was hit by provisions of Order II Rule 2 of CPC. He further submits that evidence on record goes to indicate that the earlier suit for declaration was filed in the year 2002 and later the present suit was filed in the year 2008. He has also submitted that in written statement a specific objection was taken before the trial court that the suit itself was not maintainable and barred by provisions of Order II Rule 2 CPC, but the trial court ignoring the said objection, has granted injunction in favour of the respondent in an illegal manner.

(3.) Counsel for the respondent, on the other hand, has submitted that the injunction, which has been granted, is not going to effect the appellant in any manner and rather the property has been protected in its form by restraining the defendants from making any alteration, addition and further proceed for furnishing and finishing in the constructed area. He has also submitted that the question of maintainability of suit has to be decided on the basis of evidence lead during the course of hearing. It is also submitted that interpretation of the Will has to be gone into in the declaratory suit as well as in the present suit, therefore, both the suits are maintainable.