Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 591 of 2019 Petitioner :- Rajendra Prasad Respondent :- Jata Shankar And 6 Others Counsel for Petitioner :- Sunil,Ashish Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
The order of first appellate court is under challenge in the present petition with the assertion that no injunction could be granted against the co-sharer. As admitted, the defendants are co-owners in the possession of the suit property. The plaintiff has claimed his share in 1/6th portion of the suit property on the basis of an alleged oral family settlement.
Noticing the fact that the petitioner and defendants both are co- sharers and they claim to be in possession of the suit property, the first appellate court has proceeded to say that it is necessary that both the parties shall maintain status quo as on date in relation to the suit property.
Noticeable further is the submission of learned counsel for the petitioner that an absolute order of status quo would run contrary to the interest of the co-sharers who have every right to enjoy the suit property, in as much as, no relief of partition has been sought by the plaintiff though they claim exclusive right over 1/6th share on the basis of oral family settlement. Further, in the written statement filed by the petitioner/defendants, any such settlement has been emphatically denied.
Be that as it may, having noticed the above facts that both the parties are co-sharers and are admittedly in possession of the suit property, the absolute order of status quo passed by the first appellate court dated 15.10.2018, is modified to the extent that the parties to this suit shall be restrained from creating any third party right or alienating the suit property in any manner, during the pendency of the suit.
Subject to the above, the present petition is disposed of.
Order Date :- 22.2.2019 Harshita