FARIDA KHANAM Vs. DR. MD. SHAMIM KHAN

JUDGEMENT

(1.) Heard Mr.Dhananjay Kumar learned counsel for the appellant and Mr.Ratan Kumar Sinha learned counsel for the respondent.

(2.) The present appeal has been filed against the order dtd. 16/4/2019 passed by the learned Sub-Judge-XII, Hajipur Vaishali, in Partition Suit No. 395 of 2012 by which the learned Court refuses to grant temporary injunction in respect of the part of the suit properties of Schedule IV of the plaint.

(3.) The brief facts of the case is that plaintiff and defendants are descendants of Abdul Samad Khan who was father of plaintiff and the defendants. The property described in Schedule IV of the plaint has been inherited by the plaintiff and the defendants from their father and mother which are the joint property and are liable to be partitioned between them. The plaintiff has jointly inherited with them and got interest in the said property but defendant no. 3 Md. Wasim Khan in order to deprive the plaintiff from her lawful share is adamant to make construction and has partly constructed building and thereby changing the physical feature of the joint property. The defendants have transferred several parts of suit property prior to filing of the suit and the defendants no. 3 has already sold some land even during the pendency of the suit. Presently the defendants have been negotiating to sale the rest part of the suit property described in Schedule IV of plaint. Hence, the plaintiff had filed the instant suit for partition.