RAGHUBIR VERMA Vs. KASHINATH

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The defendant-petitioner is before this Court assailing the validity of the order dated 10.08.2016 passed by the trial court, whereby application under Order 39, Rule 1 and 2 CPC read with section 151 CPC filed by the plaintiff-respondent has been entertained and order of status quo has been passed and the same has also been affirmed by the appellate court by order dated 7.7.2018, which is also under challenge in this writ petition.

(3.) Learned counsel for the petitioner has challenged the impugned orders on the ground that it is well settled law that injunction cannot be granted against co-sharer unless and until the respondent has claimed a relief of partition or cancellation of sale deed in the suit. The injunction suit had been filed with malafide intention to stop the construction work, which had been carried out by the petitioner on his own holding, whereas the plaintiff-respondent has already raised construction in his share and as such the orders impugned are per se bad and this Court should come for rescue and reprieve of the petitioner.