SMT. DAMYANTI AGARWAL Vs. SHRI JIYA LAL AGARWAL

JUDGEMENT

(1.) Present appeal is filed against judgment and decree dated 21.04.2018 passed by Addl. Judge, Family Court, Dehradun whereby issue no. 5 framed in Civil Suit No. 219 of 2016 filed by the appellant was decided against the appellant.

(2.) Case of the appellant is that appellant married to respondent on 18.09.1996 as per Hindu Rites and Rituals. This is respondent's second marriage. She gave Rs. 75000.00 to respondent in order to purchase a plot in Kanwali, Dehradun. Respondent purchased the plot in his name. She constructed a house on it and started living there. Respondent sold this land to one Meenakshi Gupta (daughter of respondent) on 03.09.2001. Meenakshi Gupta filed suit no. 841 of 2002. When appellant got summons in the said case, then she came to know about all these facts. She contested the case and suit filed by Ms. Meenakshi Gupta was dismissed for non prosecution on 06.08.2010. Appellant filed suit no. 219 of 2016 for prohibitory injunction before the Family Court, Dehradun wherein issue no. 5 was framed for deciding the jurisdiction of the Family Court and Family Court decided the issue against the appellant. Feeling aggrieved, appellant approached this Court.

(3.) Mr. Neeraj Garg, Advocate for the respondent submits that property, in dispute, was purchased by respondent from his own funds and appellant has nothing to do with this property. He further submits that appellant has filed suit for permanent prohibitory injunction without seeking relief of declaration of title and cancellation of sale deed dated 03.09.2001. Ms. Meenakshi Gupta has filed another suit being O.S. No. 841 of 2002, which is pending adjudication before Civil Judge (Sr. Div.) Dehradun wherein appellant is party.