SAPNA Vs. PHOOL KUMAR

JUDGEMENT

(1.) By way of present revision petition, the petitioners have challenged order dtd. 29/7/2023 (Annexure P-3) passed by learned trial Court, vide which application filed by the petitioners under Order 39 Rules 1 and 2 read with Sec. 151 of CPC was dismissed and further the petitioners have challenged order dtd. 12/2/2024 (Annexure P-6) passed by the First Appellate Court, vide which the appeal preferred by the petitioners against order dtd. 29/7/2023 has been dismissed.

(2.) The brief facts relevant for the adjudication of the present revision petition are that the petitioners and respondents are co-sharers in the suit land (ancestral) from their forefathers and till date no partition has been effected orally as well as by any Court of law. The father of petitioner No.1 and husband of petitioner No.2 had died since long and since then, the respondents are continuously trying to grab the land of the petitioners, as petitioner No.2 is having only two daughters.

(3.) The plaintiffs/ petitioners filed a suit for permanent injunction before the trial Court for restraining the defendants from claiming exclusive ownership and possession on any specific killa number, from raising any kind of construction and changing nature of specific killa numbers, from taking forcible or illegal possession of any specific kill numbers and from alienating, transferring, mortgaging, gifting, leasing out and parting with the possession of any specific killa numbers above their actual shares in the suit land.