SURESH PRASAD GUPTA Vs. BASUDEO PRASAD GUPTA

JUDGEMENT

(1.) The plaintiff is the appellant. His petition for grant of ad interim injunction has been rejected by the impugned order.

(2.) The suit in question was filed by the appellant for partition of the following properties as mentioned in the plaint. <FRM>JUDGEMENT_198_AIR(PAT)_1990Html1.htm</FRM> Grocery shop running in the house standing over survey plot No. 2216 valued at Rs. 5,000/- Grocery shop (in the house of Manohar Paswan). valued at Rs. 25,000/-

(3.) The plaintiff alleged that Ram Lakhan Sao died leaving behind his two sons (the appellant and respondent No. 1) and his wife (respondent No. 2). The plaintiff claims 1/3rd share in the aforementioned properties and partition of the shops by appointment of an Advocate Commissioner asserting that all of them are members of a Joint Hindu Mitakshra Family and Respondent No. 2 its Karta. The plaintiff is running a shop in the joint family house under her direction. The defendant No. 1 is also running a shop in the rented house of Manohar Paswan. The entire savings are kept under the control and savings of the mother. The properties are also joint family properties.