RAJ KUMAR Vs. SUMAN

JUDGEMENT

(1.) This appeal has been filed by the appellants/plaintiff being aggrieved by order dated 16.09.2011 passed by the First Additional District Judge, Betul in Civil Suit No.53-A/2011 whereby the application filed by the appellants seeking injunction under Order 39 Rule 1 & 2 of the Code of Civil Procedure, has been dismissed.

(2.) Though the litigation between the parties has a chequered history, but to state briefly, the dispute between the parties arises in respect of 7.01 acres of Khasra Nos.1218/1 and 1219/1, Patwari Halka No.54 of village Tikari, District Betul.

(3.) The appellants are sons of Kashi Prasad Verma, son of Rambaksh, while the respondent nos.1, 2 & 3 are the daughters of Ganga Prasad, the second son of Rambaksh. Admittedly, the partition of the property of Rambaksh took place between Kashi Prasad and Ganga Prasad in the year 1974 which incorporated a clause creating a right of preemption inter se between them.