RAMJI RAI Vs. CHAMPA RAI

JUDGEMENT

(1.) The present petition is preferred under Article 227 of the Constitution at the instance of defendant taking exception to the order dtd. 17/10/2023 passed by the trial Court whereby application preferred by defendant under Order XIX Rule 1 and 2 CPC is rejected.

(2.) Precisely stated facts of the case are that a suit for declaration and permanent injunction has been filed by the plaintiff (respondent No.1 herein) against the petitioner and respondents No. 2 to 23 with respect to the agriculture land at village Ranipura, Bahodapur, District Gwalior with the pleadings that the suit land is the ancestral property of the petitioner and respondents No. 1 to 22. Plaintiff is having 1/20 th share therein. By filing the suit plaintiff sought declaration that the suit land is joint property of plaintiff and other defendants with a further relief to restrain petitioner and other defendants from creating third party right in the suit land without partition of the same.

(3.) An application under Order XXXIX Rule 1 and 2 CPC for temporary injunction is also filed with the same averments. In support of application, plaintiff/respondent No.1 filed the affidavit of her own.