Date: 19-08-2025
Heard Mr.Dhananjay Kumar learned counsel for
the appellant and Mr.Ratan Kumar Sinha learned counsel for the
respondent.
2. The present appeal has been filed against the
order dated 16.04.2019 passed by the learned Sub-Judge-XII,
Hajipur Vaishali, in Partition Suit No. 395 of 2012 by which the
learned Court refuses to grant temporary injunction in respect of
the part of the suit properties of Schedule IV of the plaint.
3. The brief facts of the case is that plaintiff and
defendants are descendants of Abdul Samad Khan who was
father of plaintiff and the defendants. The property described in
Schedule IV of the plaint has been inherited by the plaintiff and
the defendants from their father and mother which are the joint
property and are liable to be partitioned between them. The
plaintiff has jointly inherited with them and got interest in the
said property but defendant no. 3 Md. Wasim Khan in order to
deprive the plaintiff from her lawful share is adamant to make
Patna High Court MA No.451 of 2019 dt.19-08-2025
construction and has partly constructed building and thereby
changing the physical feature of the joint property. The
defendants have transferred several parts of suit property prior
to filing of the suit and the defendants no. 3 has already sold
some land even during the pendency of the suit. Presently the
defendants have been negotiating to sale the rest part of the suit
property described in Schedule IV of plaint. Hence, the plaintiff
had filed the instant suit for partition.