HIMANI PANDE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present A.O., the appellants seek to set aside the impugned order dated 01.05.2015, passed in O.S. no. 09 of 2015, and to allow the prayer of the appellants for grant of ad -interim injunction as has been prayed by them in their application under Order XXXIX Rules 1 and 2 read with Section 151 CPC in the suit or alternatively pass the directions to all the parties to maintain status quo qua the status of the suit property till the final decision of the said injunction application.

(2.) ORIGINAL suit no. 09 of 2015, captioned as Himani Pande and another vs State of Uttarakhand and another was filed by the plaintiffs -appellants against the State of Uttarakhand and another in the court of Civil Judge (Sr. Div.), Almora for seeking decree of declaration, declaring the impugned sale deed executed by the defendants nos. 4, 5, 12 to 16 qua the portion of property comprised in Muntakhib Khata no. 806 in Mauja Municipal Bhitar, Patti Khas Parja, Patwari Kshetra Sadar, Bara Mandal, Almora, District Almora dated 26.02.2015, bearing paper no. 256 of 2015, in book no. 1, Zild no. 1041 on pages 41 to 52, in the books / registers / Bahi / records of defendant no. 3 to be null and void / non -est / void ab initio.

(3.) A prayer has also been made to pass a decree of mandatory injunction in favour of the plaintiffs and against the defendant no. 2, thereby directing the defendants no. 2, successors, etc. to cancel / delete / omit the names of Gaura Devi' Indira Devi; Manjula Devi; Taringini Devi and Lilu Devi, as owners / successors / bhumidars from the Muntakhib Khata no. 806 in Mauja Municipal Bhitar, Patti Khas Praja, Patwari Kshetra Sadar, Baramandal Almora, District Almora.