SANGHATI PAL Vs. PRAKASH ADHURYYA

JUDGEMENT

(1.) ALTHOUGH the appeal is appearing under the heading application, by consent of parties, we take up the hearing of the appeal.

(2.) THIS appeal is directed against the Order No. 23 dated 23. 5. 2008 passed by learned Civil Judge (Senior Division), Bankura, disposing of the petition for temporary injunction and directing the parties to maintain status quo in respect of the suit property and not to change its nature and character in any manner whatsoever and not to transfer or alienate the same without the leave of the Court.

(3.) THE case of the plaintiff/respondent, in short, is that he has 10/63th share in the suit property. The suit property is the joint property of the parties being the co-sharers. Originally, the property belonged to Sishir kumar Adhuryya, who purchased the property by registered deed of sale being No. 3628 dated 15. 4. 1961 from Biswanath Salanpuria of Bankura. Thereafter, by subsequent transfers, the plaintiff has become the owner to the extent of 10/63th share. The defendant Nos. 11 to 18 have purchased some portion of the suit property from the plaintiff and other co-sharers. The defendant No. 11 being a stranger purchaser started making construction without the consent of the plaintiff covering the best portion of the suit property and encroaching upon an excess area. The suit property is the joint property of the parties and it has not been partitioned by metes and bounds. The plaintiff requested the defendant for partition of the suit property by metes and bounds, but, they have refused to do so. For the said reasons, the suit was instituted for a decree for partition and an application was filed before the Court below for temporary injunction restraining the defendant No. 11 from changing the nature and character of the suit property and from selling or alienating the suit property till the disposal of the suit.