RAMESHWARI DEVI Vs. MASTER YASH TYAGI

JUDGEMENT

(1.) The Petitioners in CM(M) 474/2021 and Appellants in FAO 114/2021 (Defendants 1 and 2 in the Suit) are aggrieved by order dtd. 22/2/2021 (impugned in FAO 114/2021) whereby the application filed by Respondents 1 to 3 (Plaintiffs in the Suit) under Order 39 Rule 1 and 2 Code of Civil Procedure (hereinafter referred to as the CPC) has been allowed and the Appellants have been restrained from creating any third party right and interest in the suit property and status quo qua the possession of the Respondents 1 to 3 has been directed to be maintained.

(2.) Appellants are also aggrieved by order dtd. 19/7/2021 (impugned in CM(M) 474/2021) whereby the application filed by the Appellants under Sec. 151 CPC for restitution of possession has been disposed of and the trial court has held that the property is deemed to be in the custody of the court.

(3.) Appellants (Defendants 1 and 2 in the Suit) are the wife and son of Late Shri Subhash Tyagi. Subhash Tyagi was the brother of Shri Ravinder Tyagi, the Respondent No. 4 (Defendant No. 3). Respondents no. 1 to 3 (Plaintiffs in the Suit) are the children and wife respectively of Respondent No. 4 - Ravinder Tyagi.