LAXMIKANT Vs. SHRIKANT

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) The petitioner has preferred this Petition under Article 227 of the Constitution of India impugning the order passed by the learned Additional District Judge allowing the application of the respondent for temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, thereby quashing and setting aside the order of rejection of the application passed by the learned Civil Judge, Junior Division in the Suit between the parties. A very short point which arises for determination is as to if a co-owner who claims that the property is the joint property of both the sides which was received as a gift from their grand father, is entitled to temporary injunction against the co-owner for restraining him from selling a specific portion of the joint property.

(3.) The respondent filed Regular Civil Suit No.234/2020 seeking perpetual injunction restraining the petitioner from alienating any operation of the suit property.