KANCHAN SINGH Vs. DAULAT SINGH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India, at the instance of plaintiffs is against the concurring order of the first appellate Court dated 18.1.2012 (Annexure P/1) while deciding the appeal against the order dated 30.8.2011 (Annexure P/2) in Civil Suit No.41A/11, by which dismissed the application under Order 39 Rule 1 and 2 of CPC.

(2.) The subject - matter of the suit relates to partition and possession of Joint Hindu family property as described in the plaint. During pendency of this suit, plaintiffs moved an application under Order 39 Rule 1 and 2 of CPC seeking temporary injunction against the defendants for not alienating the suit property on the ground that if the suit property is alienated, it will cause prejudice to the interest and right of the plaintiffs in the suit property, as it will lead to multiplicity of proceedings. However, the trial Court rejected the application and same was upheld by the appellate Court by placing reliance upon judgment rendered by the Apex Court in the case of Sunil Kumar and another Vs. Ram Parkash and others, 1988 AIR(SC) 576).

(3.) Upon bare perusal of the judgment, it appears that in the aforesaid judgment the issue involved was in relation to alienation of property by coparceners, in that context the Apex Court had ruled that permanent injunction cannot be granted against Karta of the family being manager of the property who has a right to dispose of joint Hindu Family Property to meet out legal necessity to discharge his antecedent debt which is not tainted with immorality. As such, the aforesaid case is distinguishable. In the instant case, suit for partition has been filed wherein all the coparceners / plaintiffs have sought share in the joint Hindu Family Property and sought possession.