YADAV CHANDRA MUNGALI Vs. RAMESH CHANDRA TIWARI

JUDGEMENT

(1.) Instant appeal is preferred against the order dated 10.02.2021, passed in Original Suit No. 59 of 2020, Ramesh Chandra Tiwari and others Vs. Yadav Chandra Mungli and others (for short, "the suit"), by the court of Civil Judge (Sr. Division), Almora. By the impugned order, the application filed under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908 (in short, "the Code") has been allowed and the appellants have been restraint to interfere or raise any construction on the disputed property.

(2.) The suit has been filed by the respondents seeking cancellation of a gift deed as well as for perpetual injunction. According to the respondents, they are the co-sharer of the property in dispute, but despite directions of the court, a gift deed was executed and the appellants are trying to raise construction on the disputed property and interfering in it. In the suit, an application under order 39 rule 1 & 2 of the Code was filed which has been allowed, as indicated hereinabove. Aggrieved by the said, instant appeal has been filed.

(3.) Heard learned counsel for the parties and perused the record.