Is it practicable to file ia under order 39 rule 1 of cpc
We, filed a Suit for partition and Separation possession of ancestral properties, but at the time of filing the Suit failed to file the IA U/O 39, R-1 of CPC for Injunction as the Plaintiff is not in the possession of suit properties.
BRIEF FACTS OF THE CASE
"X" is the propositus of the joint family and he died leaving behind only 3 daughters "A","B","C" (X died without Male issues) and after the demise of "X" one of his daughter A started to living in her fathers house and the remaining 2 daughters are living in their husband's house. In the absence of "B" & "C", "A" entered her and her son "D" as the only legal hears of "X" and succeded to enter their names in the Record of Rights by producing the fradulent documents to the Revenue Authorities.
Mean While A and D by taking undue advantage of their Names in the Suit Property documents sold one landed property and remaining properties are handed overed to others on yearly lease bases.
IS IT POSSIBLE TO FILE INTERIM APPLICATION FOR INJUNCTION TO THE COURT UNDER ORDER 39 RULE - 1 OF THE CPC AFTER THE ISSUE OF SUMMONS TO THE DEFENDANTS ON THE GROUND OF 1) CO-SHARER 2) Injunction against alienation and creation of third party interest by executing or handovering the suit properties to others on lease bases for money 3) irreparable loss to the suit property 4) Multiplicty of legal proceedings
PLEASE GUIDE ME UPON THE ABOVE STATED ISSUE AND IF REMEDY AVAILABLE IN ANY OTHER MANNER PLEASE INFORM ME AS SOON AS POSSIBLE