SHABANA KHAN Vs. D B SULOCHANA

JUDGEMENT

(1.) BOTH the appeals arise against the orders passed in LA. Nos. 400 and 401 of 2004 in O. S. No. 10 of 2004 on 19. 4. 2005 on the file of i Additional Chief Judge, City Civil Court, secunderabad to the extent of the observation in Para 22 of the said common order said to be a finding adverse to the interest of the appellant.

(2.) THE factual background is that in the suit for partition, petitions were filed in la. Nos. 400 and 401 of 2004 for grant of interim injunction against the respondents restraining them from dealing with the suit property and the trial Court passed the impugned common order on merits partly allowing both the applications.

(3.) THE ultimate result of the petitions is not the subject-matter under challenge in these two appeals, and it is only an observation made by the trial Court in Para 22 of the common order that is challenged herein as being opposed to the unambiguous language of Section 26 of the Hindu succession Act, 1956 (for short, 'the Act' ).