Nikhil Landge
Asked September 07, 2016

Status of Land in ongoing partition suit

  • 1 Answer
  • 188 Views

I am belongs to a Hindu family. We are having an ancestral property (agro land & House with shop) & if we filed a suit for legal partition, can court sealed the property till decision? If yes, then under which circumstances it is possible?

Answer 1

After deliberating upon the problem, we have reached to the conclusion that in a Partition Suit, the court has the discretion to grant “temporary injunction”[1]. The object behind is to maintain and preserve the status quo at the time of institution of the proceedings and to prevent any change in it until final determination of the suit.

But, before granting it, the court must be satisfied upon the following points[2]:

  • Whether the plaintiff has a prima facie case?
  • Whether the plaintiff would suffer ‘irreparable injury’ if his prayer for temporary injunction is not granted?
  • Whether the balance of inconvenience is in favour of the plaintiff?

The court after considering upon the abovementioned points can grant the prayer.

 

[1] Order 39 of the Code of Civil Procedure, 1908

[2] Dalpat Kumar v Prahlad Singh (1992) 1 SCC 719

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