Khushnooda Begum vs Javed Akhtar And Others

Manoj Kumar Tiwari, J

This Appeal under Order 43 Rule 1 (r) C.P.C. has been filed against the order dated 20.01.2015 passed by learned IInd Additional Civil Judge

(Senior Division), Dehradun in Original Suit No. 372 of 2013. By the said order, temporary injunction application filed by the appellant, who is plaintiff

in the suit, has been rejected.

Appellant filed a suit for partition. Alongwith the said suit, she filed a temporary injunction application with a prayer that the defendants to the suit

be restrained from interfering with the peaceful possession over the property in question. The appellant had also sought injunction against the

defendants, restraining them from creating any third party interest over the suit property and also from changing the nature of the suit property. The

said application was rejected by the trial Court, by placing reliance upon an affidavit filed by the appellant (plaintiff) in proceedings under Section 34 of

L.R. Act, wherein she had made a statement that the suit property has been partitioned much earlier. Learned trial Court has also considered the fact

that the appellant herself has earlier transferred her share in the suit property in favour of defendant nos. 27 & 28.

Heard learned counsel for the parties and perused the record. From the perusal of the order impugned in this Appeal, this Court does not find any

reason to interfere. Learned Court below has considered all the relevant factors i.e. prima facie case, balance of convenience and irreparable injury

in great detail and has come to the conclusion that defendants have not been able to make out a case for grant of temporary injunction.

In such view of the matter, this Court declines to interfere in the matter. However, having regard to the fact that the partition suit was filed by the

appellant in the year 2013 and more than seven years have gone by, the Appeal is disposed of with a request to learned trial Court to decide Original

Suit No. 372 of 2013 as expeditiously as possible, preferably within a period of twelve months from the date of production of certified copy of this

order.

It is made clear that transfer of the suit property made by the parties or construction, if any, raised by the parties thereupon, shall be subject to final

outcome of the said suit.