RAJBIR SINGH Vs. VIJAY SINGH

JUDGEMENT

(1.) CS(OS) 2265/2012 & I.A.13627/2012(O.XXXIX Rules 1&2 CPC)

(2.) BY virtue of this application under Order XXXIX Rules 1 and 2 CPC, the Plaintiffs seek an ad interim injunction restraining Defendant Vijay Singh from selling, alienating or parting with possession of the suit property i.e. 1/3rd undivided share of deceased Bishan Singh in the joint holding i.e. agricultural land and residential houses upon gher and plots situated within the revenue estate of Village Goela Khurd and Kutabapur, New Delhi till the decision of the suit.

(3.) THE Defendant filed the written statement and reply to the injunction application contesting the suit and the injunction application. The case set up by the Defendant is that he was adopted by Late Shri Bishan Singh when he was just 4 -5 years old. The Will dated 22.06.1989 is the genuine Will executed by Late Shri Bishan Singh which was duly registered with the Sub -Registrar. It is urged that the Defendant was otherwise also the legal heir of deceased Bishan Singh and was entitled to succeed to the estate being the only son of deceased Bishan Singh.