GHANSHYAM Vs. KANHAIYALAL

JUDGEMENT

(1.) PETITIONER by Shri R.R. Chandrawade, Advocate. Respondents No. 1 to 3 by Shri B.I. Mehta, Advocate. Respondent No. 4 by Shri Anand Pathak, Government Advocate. Heard.

(2.) THIS petition is filed by the petitioner under Article 227 of the Constitution of India challenging order dated 7.3.2006 passed by the First Additional District Judge, Indore in Civil Appeal No. 22/2005, whereby the Appellate Court has confirmed the order dated 16.3.2005 passed by 7th Civil Judge Class-II, Indore in Civil Suit No. 61-A/2005. Thus, two Courts have rejected the application filed by the plaintiff under Order 39, Rules 1 and 2, Civil Procedure Code refusing to grant injunction.

(3.) CONTENTION of learned counsel for the petitioner is that the property being an ancestral property his father has no right to alienate the property, as he has 1/4th share in the property. In such circumstances according to him father be restrained from alienating the property. In support of his contention, he has relied on judgment of apex Court in the case of Mehrawal Khewaji Trust v. Baldevdas [2005 (1) MPLJ 447].