REWAT LAL Vs. BHUSHAN KUMAR ARORA

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the order dated 18.03.2011, passed by Civil Judge (Senior Division), Haridwar, in Original Suit No. 239 of 2010, whereby said court has rejected the application for temporary injunction moved by the plaintiff.

(3.) Brief facts of the case are that admittedly, the property in question originally belonged to one Deena Nath Dhingra and Harish Chandra Dhingra, from whom, plaintiff and his brother (father of the defendants No.1 and 2) purchased through registered sale deed dated 22.07.1976. It is also not disputed that Original Suit No. 45 of 2004 was filed by Manohar Lal (father of defendants No.1 and 2) against the present plaintiff for partition of the property. It is also not disputed that said Suit was decreed in terms of the compromise on 13th of May, 2004. The plaintiff has filed the present Suit in the year 2010, seeking cancellation of the compromise decree, which according to the present plaintiff, was obtained by playing fraud with him.