PARAMJEET KAUR Vs. AHSAN ALI

JUDGEMENT

(1.) The matter is heard through video conferencing.

(2.) The appellant is a plaintiff in Suit No. 883 of 2020 'Smt. Paramjeet Kaur vs. Ahsan Ali and Others'. The plaint thus instituted by the plaintiff/appellant on 29.08.2020 described the property therein in its paragraph-12, which is referred to hereunder: image

(3.) Even the chauhaddi of the property in dispute was also described at the foot of the plaint as mentioned above. The appellant/plaintiff herein filed an application under Order 39 Rule 1 and 2, before the learned Trial Court, which was numbered as Paper No. 6 C (2), wherein, he prayed for the grant of temporary injunction of the nature by way of a restraint as against the defendants from interference over the property, which was more appropriately described as to be the property lying in 2376/1; having an area of 0.3080 hectares, situated in Mauja Markham Grant-Second Pargana Parwadoon, District Dehradun. The said application was objected by the defendants by filing an objection under Order 39 Rule 4, which has been considered by the learned Trial Court and by the impugned order, which is under challenge in the present appeal has been rejected, which has been challenged by the plaintiff/appellant, by invoking the provisions contained under Order 43 Rule 1 (r), has rejected the application of the plaintiff/appellant.