BRINDABAN TIWARY Vs. AWADHESH TIWARY

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) This Miscellaneous Appeal is directed against order dated 12.1.2007 by which learned Subordinate Judge, 3rd Court, Siwan, rejected the application filed by the plaintiff for grant of injunction restraining the respondent from transferring the suit property during pendency of Title Suit No. 37 of 2005.

(3.) Sole appellant is the plaintiff in the suit and sole respondent is the defendant in the suit which has been filed for partition of the alleged 60% share of the plaintiff in the suit property. It is not in dispute that the plaintiff is the full uncle of the defendant and both of them jointly acquired the suit premises measuring 6 kathas, 10 dhurs by two deeds of gift dated 5.11.1977 and 2.12.1978 and in both the deeds, both the parties were the donees jointly.