KAPIL KUMAR Vs. MISHRO DEVI

JUDGEMENT

(1.) This first appeal is filed under Order XLIII (1)(r) of the Code of Civil Procedure, 1908 (CPC) by the plaintiffs in the suit impugning the order of the trial court dated 23.02.2015 by which the trial court has dismissed the injunction application filed by the appellants/plaintiffs under Order XXXIX Rules 1 and 2 CPC. Disputes pertain to the property bearing No.8706, Model Basti, Sidipura, Karol Bagh, New Delhi.

(2.) (i) There are a total of six plaintiffs in the suit. First three plaintiffs are the children of Sh. Ashok Kumar son of Sh. Manohar Lal and Smt. Mishro Devi. Plaintiff nos.4 to 6 are the children of Sh. Arjun Kumar son of Sh. Manohar Lal and Smt. Mishro Devi.

(3.) The relief clauses of the plaint pertain to declaration for holding as illegal the compromise decree dated 21.8.2014 passed between the respondent no.6/defendant no.6 who is the half owner of the suit property and the sons of Sh. Manohar Lal and Smt. Mishro Devi, who are the contesting defendants in the suit. The compromise decree dated 21.8.2014 was passed in appeal filed by Smt. Mishro Devi against the preliminary and final decrees dated 27.2.2012 and 30.10.2012 directing partition of the suit property. Appellants/plaintiffs also seek declaration with respect to their co- ownership rights in the suit property. The relief clauses in the plaint read as under:-