https://www.taxtmi.com/caselaws?id=272708 An ad interim injunction was treated as valid despite objection under Order 39 Rule 3 CPC because the order was made after both sides were heard, not ex parte, and the rule was not applied mechanically. In relation to Section 44 of the Transfer of Property Act, a stranger-transferee of an undivided share in an undivided family dwelling house was held to have no right to joint possession or common enjoyment before partition. The co-sharers could therefore obtain interim injunctive protection against interference, with the protective scheme of the Partition Act supporting that restraint. en-us Fri, 22 Feb 1991 00:00:00 +0530 Mon, 14 May 2018 15:23:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272708 An ad interim injunction was treated as valid despite objection under Order 39 Rule 3 CPC because the order was made after both sides were heard, not ex parte, and the rule was not applied mechanically. In relation to Section 44 of the Transfer of Property Act, a stranger-transferee of an undivided share in an undivided family dwelling house was held to have no right to joint possession or common enjoyment before partition. The co-sharers could therefore obtain interim injunctive protection against interference, with the protective scheme of the Partition Act supporting that restraint. Case-Laws Indian Laws Fri, 22 Feb 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272708