SATISH KUMAR Vs. SAT PARKASH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 26.5.2009 passed by the learned District Judge, Ambala, accepting the appeal against the order dated 16.3.2009 passed by the Civil Judge (Sr. Division), Ambala, and dismissing the application filed by the plaintiff petitioner (herein referred as 'the plaintiff') restraining the defendantsrespondents (herein referred as 'the defendants') from alienating, transferring or otherwise dealing with the property in any manner.

(2.) THE prime question to be determined in the case is "whether an injunction could be granted against karta of joint family property restraining him from alienating the same without legal necessity ?"

(3.) THE defendant-father contested the suit as well as the application stating that he was the sole owner of the property and even being the karta, he could not be restrained from alienating the suit property without legal necessity.