NABO NARAYAN JHA Vs. KAMLESH JHA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This Civil Miscellaneous application has been filed against the order dtd. 16/4/2018 passed by the learned Additional District Judge VII, Madhubani in Misc. Appeal No. 46 of 2014 by which he has allowed the miscellaneous appeal filed on behalf of the respondent 1st set (respondent nos. 1 and 2/ defendant nos. 5 and 6) and set aside the order dtd. 6/5/2014 passed by learned Trial Court in the matter of injunction in Partition Suit No. 167 of 2012.

(3.) The petitioner who is sole respondent, filed Partition Suit No. 167 of 2012 in the Court of learned Sub-Judge 1st, Madhubani against the defendants for a decree of partition of the land mentioned in Schedule No. I of the plaint and if prior partition is not being proved, the lands mentioned in Schedule Nos. II, III, IV, V and VI be also partitioned among the parties. Subsequently the plaintiff/petitioner filed an injunction petition under Order 39 Rule 1 and 2 and Sec. 151 of the CPC in the said partition suit praying inter alia for restraining the defendants from alienating the land as detailed in Schedule I of the plaint which has not been partitioned. The same was opposed by the defendant nos. 5, 6 and 7 by filing the show cause. It appears that their claim is that on the basis of mutual partition the disputed plot no. 456 which is a part of schedule I of the plaint was allotted to the exclusive share of the father of the defendant nos. 5, 6 and 7 namely Late Durga Narayan Jha and accordingly R.S. Khatiyan was prepared in his name and after his death the same is their exclusive property which is not required for partition. After hearing the parties, the learned Trial Court allowed the said injunction petition dtd. 20/9/2012 of the plaintiff and ordered not to sell or alienate the suit land as detailed in Schedule - I of the plaint till final adjudication of the instant suit. All the concerned parties were also directed to maintain status quo with respect to the lands as detailed in Schedule II, III, IV, V and VI of the plaint.