Lex Nexus

Legal Maxim of the day: Actionable Per Se

Section 151 and Order 39, Rule 1 and 2 CPC Suit for partition and permanent injunction- Civil Judge rejected plaintiffs application for temporary injunction upon holding that defendants were enjoying specific demarcated portion by raising boundary wall Though defendant/respondent claimed that they have purchased well demarcated portion of property but suit property still joint and undivided property Defendant is co-sharer of property Suit property is a joint property surrounded by boundary wall at the joint expenses of the parties Plaintiff will suffer irreparable loss and injury unless an order of injunction restraining the defendants from changing the nature and character of the suit property is passed Order is set aside Defendants are restrained by an order of injunction from changing the nature and character of the suit property till the disposal of the suit Appeal allowed. [ Paras 13 , 14 ]

Shyam Kumar v/s Lakhniwas FMAT 451/19 [ Harish Tandon JJ ]

[ CALCUTTA HIGH COURT ]
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