Bahadur Singh vs Moti Singh S/O Cheetu Singh Rajput ...
2022 Latest Caselaw 6321 MP

                                                                              1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT INDORE
                                                                       SA No. 1033 of 2021
                                     (BAHADUR SINGH AND OTHERS Vs MOTI SINGH S/O CHEETU SINGH RAJPUT THR. LRS. SURESH SINGH
                                                                          AND OTHERS)

                                   Dated : 27-04-2022
                                            Shri A.S.Garg, learned senior counsel with Shri Durgesh Sharma, learned counsel

                                   for the appellants.
                                            Shri Bharat I. Mehta, learned senior counsel with Shri Jitendra Bharat Mehta,
                                   learned counsel for respondents No.1 to 5.

Shri Ranjeet Sen, learned GA for the respondent No.6/State. Both the parties heard on IA No.1515/2022, which is an application under Order 41

Rule 5 of CPC.

Counsel for the respondents opposed the same. Learned counsel for the appellants has placed reliance upon the judgment of coordinate Bench of this Court in the case of Parmal Vs. Gyasia reported in 1993 MPWN 167, in which it has been held that no injunction can be granted against the co-owner.

Considering all the facts and circumstances of the case, it is directed that operation and effect of the impugned judgment and decree dated 24.7.2021 passed by the Addl. District Judge, Badnawar, District Dhar in RCA No.77/2018 shall remain stayed until further orders. Both the parties are restrained from filing any proceedings in respect of the mutation before the revenue authorities.

List for final hearing in due course.

C.C. as per rules.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.04.28 10:36:44 IST