The Court directed the trial court to consider and decide the petitioner's application for temporary injunction in her pending partition suit within two months.
Direction to the trial court to decide the temporary injunction application within two months.
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Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9862 of 2019 Petitioner :- Daraksha Respondent :- Habib Ahmad Ahmad And 3 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. This petition has been filed by the daughter praying for a direction to the learned trial court to give injunction against her father, who after the death of her mother had performed second marriage and is now attempting dispossession of the petitioner from the house in question constructed out of the earnings of her mother who worked as Urdu Translator.
2. The petitioner has filed a suit for partition of her share on 01.08.2019 registered as Original Suit No.625 of 2019: Daraksha Vs. Habib Ahmad and others . It has been submitted that the learned trial court issued notices to the defendants on 01.08.2019 and fixed next date for consideration of the application for temporary injunction.
3. This Court has perused the pleadings on record and also the contents filed by the petitioner in the said suit of partition. It appears that the petitioner claims share in the property of her mother from her father and other three sisters.
4 . This petition is disposed of with a direction to the learned trial court to consider and decide Application 6C of the petitioner at the earliest, say, within a period of two months from the date a certified copy of this order is produced before the court concerned.
Order Date :- 18.12.2019 Rahul
1 issue framed by the court
Whether the trial court should be directed to fix the temporary injunction application in the pending partition suit at the earliest.
Daraksha
Habib Ahmad And 3 Others
Sangeeta Chandra
As recorded by the court registry
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