NARENDRA K. PATEL Vs. PRATAP SINGH

JUDGEMENT

(1.) WITH the consent of the parties, this appeal as well as I.A. No. 3441/2012 were heard together. In I.A. No. 3441/2012 the respondent No. 13 seeks vacation of the interim order dated 11th April, 2012 passed by this Court.

(2.) THE present appeal is directed against the order dated 03.03.2012 passed by Civil Judge, Senior Division -VII, Jamshedpur in Title(Partition) Suit No. 105/2011 whereby learned court below has rejected the plaintiff -petitioner's prayer for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 C.P.C., restraining the defendant Nos. 3, 5, 13 and 14 from transferring he suit property by constructing a building or ownership thereon, till the disposal of the suit and in the meantime the defendant Nos. 3, 5, 13 and 14 be directed to maintain status quo in respect to the property of the plaint.

(3.) ON notice, defendants appeared and except for defendant No. 7 rest of the defendants filed their written statements. Defendant Nos. 2 to 5, 13 and 14 filed written statement contesting the suit and claimed that the plaintiffs have no right, title or interest over the said property. Contesting defendants No. 3 and 5 in their show cause have stated that the suit is not maintainable in law as well as on facts. That the petition has not been properly verified as required under law. That the suit filed by the plaintiffs itself has got no merit and same is liable to be dismissed with cost as such the petition filed by plaintiffs for grant of temporary injunction is liable to be rejected out right. That in the original plaint the plaintiffs have not sought for grant of permanent injunctions such the petition filed by the plaintiffs for grant of temporary injunction is liable to be rejected on this score alone. That in the plaint filed by the plaintiff they have sought for declaration of their right, title, interest and possession over the property described in Schedule 'B' of the plaint and have filed a fixed court fee which is not permissible in law.