DEEPA VIRMANI Vs. VIRENDRA DANG

JUDGEMENT

(1.) The appellants had filed a suit for declaration and injunction against their brother regarding the property on which the appellants have raised their claim, and which is being controlled and managed by their brother.

(2.) The case of the appellants/plaintiffs was that their father Sri Avinash Chand Dang who is about 74 years of age has been incapacitated due to a stroke, and therefore, he was not fully in his senses and their brother has taken an undue advantage of his condition and the appellants fear for the dissipation of the property at the hands of the brother.

(3.) The suit filed by the appellants is already pending before the Civil Judge (Senior Division), Rishikesh, District Dehradun. Meanwhile, an application for a temporary injunction was moved by the appellants, which has been rejected by the court below on 04.09.2018. Aggrieved, the appellants have filed the present appeal from order before this Court.