Partition -- Suit for partition - Cannot be maintained unless all the sharers are made parties to proceedings - Same principle is applicable to in the matter of a decree that can be passed based on a compromise of dispute involved in a partition suit...........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Co-sharers - Restraining defendants from raising construction on joint land till the same was partitioned - Construction raised by other co-sharers was never objected to by plaintiff - Plaintiffs have not been able to demonstrate that either prima facie case or balance of convenience is in their favour..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Partition -- Suit property cannot be partitioned between all four co-sharers so as to put to maximum use, as portion of property which faces road and can be used for entrance is only 28' wide and said front cannot be bifurcated between co-sharers so as to enable all co-sharers to enjoy property after partition - Evaluation done by evaluator is no consequence in such..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Partition - Death of one of respondents - Non impleadment of L.R's - Appeal abated against one respondent - Appeal against other co-sharers of property cannot be proceeded in absence of representation of estate of one of co-sharer...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Dispute regarding drawing water from common well - Right of drawing water from common well and right of plaintiff to carry water through channel cannot be obstructed by defendants who are co-sharers of well - Concurrent findings of two Courts below that plaintiffs are entitled to draw water..........
