NOORJAHAN BEGUM Vs. NOORJAHAN BIBI

JUDGEMENT

(1.) THIS appeal is against the order dated 09.04.2009 passed by learned Civil Judge (Senior Division), First Court, Cuttack in I.A. No.325 of 2008 arising out of C.S. No.372 of 2008.

(2.) APPELLANTS herein are defendant Nos.6 to 11 and the Respondent is the plaintiff before the trial court. Defendant Nos.1 to 5 and defendant No.12 before the trial court are not parties to the present appeal. On Respondent's petition under Order -39 Rule -1 and 2 of the C.P.C., learned court below has passed the impugned order restraining the appellants from entering into or interfering with the respondent's possession over the plaint Schedule 'C' property till disposal of the suit.

(3.) THE opposite parties have refuted the assertions made by the petitioner and contended that though the Schedule 'C' property was the joint family property of late Ekram and Mukaram, there was an amicable partition of the entire suit property between the two brothers and in that partition Schedule 'C' property fell to the share of Mukaram and after his death, defendant Nos.3 to 5 have been in exclusive possession thereof and being in need of money they have sold the suit property to Appellant Nos.1 and 2 under the impugned registered sale deed dated 17.04.2000 followed by delivery of possession. Thus, from the date of the execution of the sale deed Appellants Nos.1 and 2 have been in peaceful possession of the suit house having all right, title and interest over the same. The Respondent with some ulterior motive has filed the suit claiming partition of the suit property.