when the property is joint, every member has got right to enjoy unless and until the division takes place. so they are entitled for delcaration of joint rights & injunction

2020 APEX COURT [44 ]- Or.39, rule 1 & 2 CPC – when the property is joint, every member has got right to enjoy unless and until the division takes place. Suit for Declaration of their rights along with defendants in the church and parish as the bifurcation is not compulsory and for permanent injunction – interim injunction pending disposal of the suit – Apex court held that Undivided church in namely St. Antony Farane church.- Until and unless the claim for bifurcation is accepted by the court below, the question of transmission and transfer of entry about 1st Holy Communion & other ecclesiastical services and other entries to the other Parish do not arise. Till then the daughter of the first plaintiff (second appellant in this court) shall be entitled to have her 1st Holy Communion and other ecclesiastical services in the undivided church, namely St. Antony Farane church.