A Civil Miscellaneous petition arising in a partition suit was dismissed. The appellate court rejected the prayer to restrain alienation of land, holding that the lower court found a family arrangement in 1990 and the prayer lacked merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.690 of 2017
===========================================================
.... .... Petitioners
.... .... Respondents
=========================================================== Appearance : For the Appellant/s : Mr. Ras Bihari Thakur For the Respondent No.11 : Mr. Vivekanand Singh
=========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT
Date: 01-05-2018
Heard both sides.
The petitioners have filed this Civil Miscellaneous petition against the order dated 01.03.2017 passed in Civil Misc. Appeal No.26 of 2016 by learned District Judge, Kaimur at Bhabhua, by which, the appeal of petitioners for injunction has been dismissed.
Patna High Court C.Misc. No.690 of 2017 dt.01-05-2018
2/2
Learned counsel for the petitioners submits that the petitioners/plaintiffs filed Partition Title Suit and also filed a petition for restraining the defendants from alienating lands during the pendency of the suit.
There is nothing on the record to show that there was partition by metes and bounds. On perusal of the order, it is evident that the court found that there was a family arrangement in the year 1990, and thereafter, the co-sharers dealt with their separate property and sold the same in favour of different persons. Some of the cosharers also admitted the fact of partition among the plaintiffs and defendants, and on such, the prayer of the plaintiffs to restrain the defendants from alienating lands during the pendency of the suit has
been rejected.
I do not find any illegality in the order. Accordingly, this Civil Miscellaneous petition is dismissed.
(Prabhat Kumar Jha, J)
Amit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 03.05.2018 |
| Transmission Date |
NA |
Lalita Rai
Anil Rai
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
