BASANT KUMAR KEJRIWAL Vs. SUMAN KEJRIWAL

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of defendant No. 2 in a suit for partition and is directed against order dated 17th May, 2004 passed by the learned Civil Judge, Senior Division, Purulia in Title Suit No. 114 of 2003 thereby disposing of an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiffs-respondents thereby directing both the plaintiffs and defendant No. 2 to maintain status quo in respect of nature and character of the suit property and also restraining the said defendant from transferring any portion of the property described in the Schedule of the plaint till the disposal of the suit.

(2.) The plaintiffs-respondents filed the aforesaid suit in the Court of Civil Judge, Senior Division, Purulia, thereby praying for partition of 1/7th share of each of the plaintiffs in the suit property and for separation of possession of the same. The case made out by the plaintiffs-respondents may be summarised thus:

(3.) In connection with the aforesaid suit, the plaintiffs filed an application for temporary injunction restraining the defendant No. 2 from transferring any portion of the suit property till the disposal of the suit on allegation that the defendant No. 2 was trying to transfer the suit property by taking advantage of the fact that the deed in respect of lot No.3 is exclusively in his name.