KALA SINGH AND OTHERS Vs. MUKESH KUMAR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dated 11.9.2013 passed by Ms. Ranjana Aggarwal, Additional District Judge, Kurukshetra vide which the appeal preferred by the plaintiff against the judgment and decree dated 7.5.2013 passed by Ms. Anjali Jain, Civil Judge (Junior Division), Pehowa was accepted and the defendants were restrained from taking possession of the suit land by force or illegal method except in due process of law till partition. Briefly stated, plaintiff filed suit for permanent injunction restraining the defendants from taking possession of the suit property alleging that he was in possession of the suit land being co-sharer. The defendants were out to dispossess him forcibly.

(2.) The defendants filed written statement taking preliminary objection of maintainability, locus standi, cause of action, mis-joinder and non-joinder of necessary parties and concealment of material facts. It is submitted that partition suit is pending.

(3.) From the pleadings of the parties, following issues were framed:-