Case Note & Summary
The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Anirudh Garg and Araaya Anirudh Garg) acting through their mother Fazaa Shroff Garg as next friend, along with other family members and companies. The respondents filed a suit seeking partition and a permanent injunction restraining the appellant from alienating or transferring the suit property. The trial court granted an interim injunction in favor of the respondents. The appellant appealed against this order. The High Court considered the maintainability of the suit by minors and the correctness of the injunction. The court held that the suit by minors through a next friend is maintainable under Order 32 Rule 1 of the CPC. It further held that a minor coparcener has a right to seek partition of joint family property and that the father cannot alienate the property to the detriment of the minors. The court found that the trial court had correctly applied the principles for granting a temporary injunction, including the existence of a prima facie case, balance of convenience in favor of the minors, and the likelihood of irreparable loss. The appeal was dismissed, and the interim injunction was confirmed.
Headnote
A) Civil Procedure - Maintainability of Suit by Minor - Order 32 Rule 1 CPC - Suit by minor through next friend is maintainable - The court held that a minor can sue through a next friend and the suit for partition and injunction is not barred. (Paras 10-15) B) Property Law - Partition - Right of Minor to Seek Partition - Hindu Succession Act, 1956 - Minor coparcener can seek partition of joint family property - The court held that a minor has a right to seek partition and the father cannot unilaterally alienate the property to the detriment of the minor. (Paras 16-20) C) Injunction - Temporary Injunction - Prima Facie Case - Balance of Convenience - Specific Relief Act, 1963, Section 37 - Trial court correctly granted injunction restraining alienation - The court held that the balance of convenience lies in favour of the minors and irreparable loss would be caused if the property is alienated. (Paras 21-25)
Issue of Consideration
Whether the suit filed by minor children through their mother as next friend for partition and injunction against their father is maintainable and whether the trial court correctly granted temporary injunction restraining the father from alienating the suit property.
Final Decision
The High Court dismissed the appeal and confirmed the order of the trial court granting temporary injunction restraining the appellant from alienating the suit property.
Law Points
- Partition suit by minor through next friend
- Injunction against alienation of joint family property
- Maintainability of suit by minors
- Prima facie case for temporary injunction
- Balance of convenience in family property disputes
