SACHI PRASAD MUKHERJEE Vs. PAMPA KUMAR

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for partition and is directed against the order dated 14th August 2002 passed by the learned Additional District Judge (1st Court), Krishnagar, Nadia in Misc. Appeal No. 16 of 1999 thereby affirming the order dated 29th January 1999 passed by the learned Assistant District Judge (1st Court), Krishnagar, Nadia in Title Suit No. 50 of 1997.

(2.) The plaintiff filed the suit for partition of the suit property as described in the schedule of the plaint. The plaintiff also filed an application in connection to the said suit under Order 39, Rule 1 and 2 of C.P.C. read with Section 151 of the Civil Procedure Code praying for temporary injunction restraining the defendants from alienating the suit property till the disposal of the suit.

(3.) From the records it appears that the suit property originally belonged to one Kunja Kamini Devi. The said Kunja Kamini Devi died in the year 1941 leaving behind her son Jyotindra Nath Mukherjee as her sole legal heir. Her other two sons namely, Satyendra Mukherjee and Haripada Mukherjee died during the life time of their mother, Kunja Kamini Devi. After the death of Jyotindra Nath Mukherjee his two sons namely, Taraprasad Mukherjee and Sachi Prasad Mukherjee inherited the property as the legal heirs of the said Jyotindra Nath Mukherjee and got 8 annas each in the suit property.