DEEPAK AGARWAL Vs. REKHA GUPTA

JUDGEMENT

(1.) Appellant, by the instant appeal, under Order 43 Rule 1 read with Section 104 CPC, has challenged impugned order dated 5 th of August, 2010, passed by Addl. District Judge (Fast Track) No.4, Jodhpur (for short, 'learned trial Court'). By the impugned order learned trial Court allowed the application of respondent-plaintiff under Order 39 Rule 1 and 2 CPC for grant of temporary injunction in a suit for partition and issued direction to the appellant- defendant to maintain status-quo regarding the suit property.

(2.) Precisely, in the application for temporary injunction filed alongwith the suit, the plaintiff stated inter-alia that she being daughter of Late Brij Kishore Agrawal is entitled to her 1/3 rd equal share with other co-sharer her sister Kavita and brother Deepak in movable and immovable properties left by her father. It is averred that her brother got executed relinquishment deed from her sister Kavita and wish to raise new construction on the land of disputed property, which may create unnecessary complications in future and would result in multiplicity of proceedings besides clogging the fruits of the future decree to be passed. In substance, respondent pleaded that altering the nature of property shall have also detrimental effect on her rights. She, therefore, prayed for a temporary injunction against appellant-defendant restraining him from raising any construction on the disputed property or demolish the existing building or change its shape.

(3.) Appellant-defendant contested the application denying the averments of the application. In the reply, appellant-defendant stated that respondent-plaintiff has already got a house situated in Milkman Colony in lieu of her share and on the disputed property no new construction is being carried out but only the existing building is being renovated.