SATYAJIT KOWAR Vs. ANIMA KOWER & ORS

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being no. 2 dated 17th April, 2017 passed by the learned Civil Judge (Senior Division) First Court at Barasat in Title Suit no.281 of 2017 at the instance of the plaintiff/appellant.

(2.) By the impugned order the plaintiff's prayer for ad interim injunction was refused by the learned Trial Judge. Notice was directed to be served upon the defendant nos. 2 to 7 asking them to show cause as to why temporary injunction as prayed for by the plaintiff shall be granted against them.

(3.) Let us now consider the legality of the said judgment in the facts of the present case. It is stated by the plaintiff that the plaintiff and the defendant nos. 1 to 3 were partners of an unregistered partnership firm. They purchased the suit property by several registered deeds of kobala while all of them were partners of the said partnership firm. Such purchases were made in the name of the partnership firm represented by the plaintiff and the defendant nos. 1 to 3 as its partners. It is alleged in the plaint that some of the co-sharers have executed a deed of partition without joining of the plaintiff and thereby effected partition of the suit property illegally. Since the defendant nos. 4 to 7 are claiming ownership over the suit property on the strength of transfer of the suit property from some of the co-sharers, they are also impleaded as defendants in the instant suit. Since the plaintiff was facing difficulty in enjoying the suit property jointly with his co-sharers, he made a request orally to the defendant nos. 1 to 3 for amicable partition of the suit property. Such prayer of the plaintiff having been turned down by those defendants, the instant suit for partition was filed by the plaintiff.