Hon’ble Allahabad High Court while dealing with the petition here on 29-03-2019 in the case of “Rambhaj v. Atma Ram And 4 Others” stated that without filing a suit for partition, injunction cannot be granted in a suit filed by co-sharer.

BRIEF FACTS OF THE CASE

The petitioner and respondents No. 1 and 2 are linear of one family and rest of the respondents claim for ownership on the basis of certain sale deeds. According to petitioner on the basis of family settlement in the year 1986, the property in question as well as other moveable properties and cash etc., were divided among the family members, however the respondents have denied existence of any such family settlement.

Petitioner also claimed ownership of larger part of the property on the basis of sale deeds affected by other family members; however the respondents have also denied any such sale deeds. The parties to the litigation were co-owner/co-sharer of un-partitioned property in suit.

DECISION OF THE COURT

Hon’ble Court held that without seeking relief of partition no co-owner could get relief of injunction.

Therefore, as per the facts of the present case do not warrant this court to take any other view on the issue involved, hence petition was dismissed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7121919