MADHU BHUSHAN Vs. MUHAMMAD MUKEEM ROSHAN

JUDGEMENT

(1.) In this appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, appellants have challenged the order dtd. 10/9/2021, whereby temporary injunction application filed by the plaintiff (respondent herein) was allowed.

(2.) Appellants are defendants in Original Suit No. 255 of 2021. Respondent filed the said suit based on a Will, alleged to have been executed by late Shashi Bhushan (husband of appellant No. 1 and father of appellant Nos. 2, 3 and 4) in his favour. By the said suit, respondent sought permanent injunction against the appellants, restraining them from transferring the immovable property and also from withdrawing any movable property from the bank, which was allegedly bequeathed in his favour by late Shashi Bhushan, through a Will dtd. 20/11/2020.

(3.) Learned counsels for the parties have informed the Court that relief of declaration was also added in the plaint by an amendment. In the said suit, plaintiff (respondent herein) moved an application under Order 39 Rule 1 and 2 Code of Civil Procedure, 1908 with the prayer that defendants be restrained from transferring immovable property and also from withdrawing any movable property from the bank, which has been bequeathed to plaintiff through the aforesaid Will.