SUKHINDER KAUR & ANR Vs. VANEET KAUR

JUDGEMENT

(1.) This petition impugns the order dated 25.10.2012 by which petitioner No. 1 was impleaded as defendant No. 2 in a suit for permanent injunction filed by the respondent (plaintiff) seeking restrainment of the defendant from selling or parting with possession or handing-over of flat No.J-59, B.K. Butta Colony, J-Block, Karbala, New Delhi 110 003 and for further restrainment of taking any amount from the Saving Account, Current Accounts or Fixed Deposits lying with the Centurion Bank of Punjab Ltd. and other banks, and from selling the vehicles which were in the name of the plaintiff's late husband, namely Shri S. Parminder Singh.

(2.) The plaintiff's case was that her husband died on 19.08.2007 only after five months of their marriage; that the suit property was her matrimonial home; that she had not been allowed to enter into the aforesaid matrimonial home some time after her husband's demise and that her father-in-law, i.e. the present petitioner No. 2 was attempting to sell off or otherwise appropriate the estate of her late husband; the estate comprised of several cars and other travel vehicles.

(3.) The plaintiff sought to amend the plaint by impleading petitioner No. 1, Smt. Sukhinder Kaur, as she was alleged by petitioner No. 2 to be the owner of the suit premises, alongwith certain consequent grammatical changes such as expression "defendant"to be read in the plural; date of marriage to be corrected to 18.03.2007 instead of 28.03.2007; the details of vehicles belonging to the estate of her husband and finally that the suit premises were purchased from the funds of her late husband as benami in the name of Smt. Sukhinder Kaur.