Рет қаралды 8,919
If some one who is co sharer, and trying to take possession from you (also co sharer in joint khata), and if you files a suit for permanent injunction along with application under order XXXIX Rule 1 & 2 read with section 151 CPC in the civil court without partition of land, what would be the reaction of court. Usually, a stay suit or stay application filed by co sharer against other co sharer is dismissed by the court but in rare cases stay can be granted. In such situation, the person seeking stay, must prove that he is in possession of the land through documentary proof i.e Khasra Girdawari etc or any other proof. I have given a s a reference of a reported judgment (2010 MLD 1093)
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