MUSTARI KHATOON Vs. MALLICK HUSSAIN AND ORS.

JUDGEMENT

(1.) The appeal is directed against the decision of the Civil Judge Senior Division, First Court, Barasat in Title Suit No. 545 of 2010. By the order dated 24th September, 2013 the Trial Court has rejected the application of the appellant/plaintiff for temporary injunction.

(2.) The appellant is an heir of one Buddhu Khan who by deed of Waqf dated 10th May, 1939 created a Waqf in respect of his properties. The appellant claims to have an undivided share in the properties of Buddhu Khan along with the defendants. She has pleaded in the plaint that she is entitled to partition the property in order to protect her share in the property. According to her, the defendants have conspired to misuse the suit property and their actions would adversely affect her interest. It is on this basis that she approached the Civil Court, contending that she was entitled to partition the suit property.

(3.) The defendants opposed the contentions raised by the appellant in their written statement filed before the Trial Court. The appellant also prayed for a temporary injunction which was opposed by the respondents.