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Judgment
Surjit Singh, J.—Heard and gone through the record.
Plaintiff has filed a suit for issuance of mandatory injunction, directing the defendant to keep the suit property intact till it is partitioned. She also filed an application for temporary injunction.
Trial court directed that status quo, as regards possession and nature of the suit property shall be maintained pending disposal of the suit.
Respondent-defendant filed an appeal against the order. While dismissing the appeal of the respondent-defendant, Appellate Court observed, while dealing with the submission of the respondent-defendant that he wanted to sell his undivided share, that trial Court''s interim order did not restrain him from selling his share. It is by this observation that the present petitioner (the plaintiff) is aggrieved.
I have heard the learned Counsel for the petitioner.
A co-sharer has every right to alienate his undivided share. Learned Counsel for petitioner argued that which portion of the joint property the respondent-defendant would be selling in case he is not restrained from alienating his share. A co-sharer in undivided property can always sell his undivided share, without specifying which particular portion is being sold/alienated. Petition is dismissed. Pending application(s), if any, shall also stand disposed of.