Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9671 of 2018 Petitioner :- Kripa Shankar And Another Respondent :- Girdhari Singh And Another Counsel for Petitioner :- Sandeep Kumar Singh Counsel for Respondent :- A.K. Maurya I
Hon'ble Mrs. Sunita Agarwal,J.
The temporary injunction application filed in Original Suit No.354 of 2016 (Kripa Shanker Singh & another Vs. Girdhari Singh & another) has been rejected by both the courts below with the specific finding that the plaintiffs cannot seek injunction against co- owners of the suit property.
As per the case of the plaintiffs, one of the co-owners had transferred his share in the suit property, in favour of the plaintiffs and defendants, equally. Result is that the plaintiffs and defendants both will become co-owners for the said part of the share of the transferee. Admittedly, no partition has taken place between the co- sharers by metes and bounds and the plaintiffs and defendants both are in possession of the suit property being co-owners. This finding of facts returned by both the courts below are not subject matter of challenge in the present petition.
Only submission made by learned counsel for the petitioners is that with the transfer of 1/3rd share of third brother by sale deed executed in favour of wife of plaintiff no.1 and to defendant no.1, each 1/2 vide sale deed dated 12.03.2008, the plaintiff has an exclusive right over the suit property, i.e. the portion of share of his brohter, the transferor of the sale deed.
This submission of learned counsel for the petitioners is misconceived in as much as, the effect of the sale deed dated 12.03.2008 would only be that the transferees of the sale deed would become co-owners in the suit property.
No injunction, as such, can be granted against co-owner in a suit for injunction simplicitor.
The present petition is found devoid of merits and hence dismissed.
Order Date :- 22.1.2019 Himanshu