Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9850 of 2019 Petitioner :- Dharmendra Singh Respondent :- Rajveer Singh And Another Counsel for Petitioner :- Satyendra Narayan Singh,Bindeshwari Prasad Mishra Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner praying for a direction to be issued to the learned Trial Court to decide the Application for interim injunction Paper No.6C filed on 30.07.2019 in Original Suit No.303 of 2019 (Dharmendra Singh Vs. Rajeveer Singh and Another), expeditiously.
(3) From a perusal of the pleadings on record, it appears that the petitioner had filed the aforesaid Suit for permanent injunction restraining the defendants therein from raising construction on the part of the property bought by the petitioner. The defendants are real brothers and are co-sharer of the property in dispute. All the brothers had bought the property on 24.09.1988 and the elder brother of the petitioner Shyamveer executed a sale deed of his share on 27.03.2015 in favour of Smt. Seema Devi Wife of Dharmendra Singh his real brother i.e. in favour of his sister- in-law and on the remaining property ad-measuring 228.73 sq.mtrs. the plaintiffs and the defendants are jointly having possession. The defendants seems to be raising some construction on the same part of the property in dispute to which petitioner alleges. The petitioner, therefore, filed a Suit for permanent injunction alongwith an application for temporary injunction.
(4) Admittedly, no partition has been made of the property in dispute and until and unless the partition is made then it is presumed that on each and every inch of the co-sharers of the property have a right. It has been submitted that without partition no construction could be allowed by the defendants and the defendants despite service of notice have refused to appear before the learned Trial Court.
(5) This petition is finally disposed of with a direction to the learned Trial Court to first ascertain whether summons have been sufficiently served on the defendants and in case of non-
service, he may ensure that the service is affected by an alternative modes of service also. Once the defendants appear then the application under Section 6 C of the plaintiff be considered, expeditiously say within a period of six weeks from the date of filing of objections of co-sharers.
Order Date :- 18.12.2019 PAL