KAMAL PRASAD Vs. KUMUD D. VAIDYA

JUDGEMENT

(1.) By this petition filed under Article 227 of Constitution, petitioner has sought the following reliefs:-

(2.) It transpires that petitioner filed a petition for letters of administration under Sec. 278 of Indian Succession Act, 1925. In the said petition, petitioner moved an application for temporary injunction under Order 39 Rule 1 and 2 CPC. Learned District Judge, Dehradun issued notice on the application for temporary injunction vide order dtd. 11/11/2020. The said order passed by District Judge is challenged in this writ petition.

(3.) Learned counsel for the petitioner submits that petitioner's mother owned a number of movable and immovable properties in different States, including State of Uttarakhand and his mother had executed a Will in favour of petitioner on 19/11/1995; however, respondent No. 1 is interfering in the peaceful enjoyment of the property, so bequeathed in his favour, therefore petitioner was entitled to ex parte ad interim injunction and learned District Judge was not justified in merely issuing notice and not granting ad-interim injunction in his favour.