Supreme Court of India
Narendra Kante v. Anuradha Kante & Ors.
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From the headnote
Code of Civil Procedure, 1908: " Or. 39, r. 1 - Temporary injunction - Suit for declaration and permanent injunction claiming suit property as ancestral c property- Application for temporary injunction rejected by trial court holding that suit properties had already been partitioned and a deed of family settlement had been executed - High Court declining to interfere - Reliance upon deed of family settlement though not signed by one of the co-sharers - HELD: Factum of partition being a question of fact, prima facie view taken by courts below, for purposes of interim order, that oral partition
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