VIJAY PRASAD SHARMA Vs. AMAR PRASAD SHARMA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 22.12.2018 passed by the learned Sub-Judge-I, Gaya in Partition Suit No. 661 of 2016 whereby the application filed by the plaintiff-respondent under Order 39 Rule 1 read with Section 151 of the Civil Procedure has been allowed and injunction has been granted over the suit land except khata no.231, plot no. 2074 ad- measuring 1953 sqft.

(2.) The plaintiff and defendants are members of joint Hindu family. The plaintiff has filed the suit for partition of the property in Schedule-B of the plaint for his 1/3rd share. His case is that Naresh Prasad Singh his father and the father of the defendants had got some landed property in partition between his five brothers. The said Naresh Prasad Singh was karta of the joint family of the plaintiff and defendants till his lifetime and he acquired some properties at Patna and also at Jamuara in his name and in the name of his sons and wife from the joint family fund.

(3.) The plaintiff came to know that the defendants are trying to sell the property, which is under dispute and if they succeeded in selling some portion of the property, the matter would be complicated. As such, a prayer was made that the defendants be restrained from selling the suit property by issuance of an ad interim injunction against the defendants.