BATI Vs. NIGAM

JUDGEMENT

(1.) This case is listed today on the urgency being made out by the petitioner.

(2.) The petitioner has preferred the present writ petition, under Article 227 of the Constitution of India, to assail the order dtd. 26/8/2021, passed by the Civil Judge (J.D.), Haridwar in O.S. No.76 of 2021, "Smt. Bati @Veerwati vs. Smt. Nigam", and the order dtd. 25/1/2023, passed by the learned Ist Additional District Judge, Haridwar in Misc. Civil Appeal No.28 of 2021, "Smt. Bati @Veerwati vs. Smt. Nigam".

(3.) The petitioner has preferred the aforesaid Suit against the respondents, who is her daughter. The said Suit has been filed by the petitioner to seek cancellation of Gift Deed dtd. 22/1/2021, executed by her in favour of the respondent- defendant. During pendency of the Suit, she sought interim injunction against the respondent to restrain her from creating any third party interest over the suit property. That injunction application was rejected by the Trial Court vide order dtd. 26/8/2021. Thereafter, the petitioner preferred an appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, being Misc. Appeal No.28 of 2021, which too has been dismissed on 25/1/2023. Against the said two orders, this petition has been preferred.