RITA SEN Vs. TARUN KUMAR

JUDGEMENT

(1.) The challenge in this appeal is made to Order dtd. 2/2/2026, passed in Original Suit No.23 of 2026, Shri Tarun Kumar Vs. Shri Birju and others, by the court of Civil Judge (Sr. Div.), Vikasnagar, District Dehradun ("the Suit"). By the impugned order, passed under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 ("the Code"). By it, the respondents in the suit including the appellant has been restrained not to interfere into the possession of the respondent no.1/the plaintiff in the suit property and also not to interfere in the construction that is being raised by the respondent no.1.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The suit has been instituted by the respondent no.1 seeking declaration for cancellation of multiple sale-deeds issued in favour the defendants in the suit, including the appellant. The husband of the defendant no.5 in the suit namely, Sanjeev Kumar Gupta executed the sale-deed dtd. 4/7/2005 and correction deed dtd. 15/10/2012 in favour of the appellant. Initially the sale-deed was with regard to Khasra No.871-M admeasuring 0.121 Hectare, but by correction- deed dtd. 15/10/2012, the Khasra number was replaced from 871 to 872-M. In the suit, schedule of property has been given and the appellant has filed a copy of the sale-deed dtd. 4/7/2005 and correction-deed dtd. 15/10/2012. It is admitted to the learned counsel for the parties that the suit property and the schedule of the property included in the sale-deed dtd. 4/7/2005 in favour of the appellant are one and the same, the boundaries are the same.