NEELAM SHUKLA Vs. BALIKA SHUKLA

JUDGEMENT

(1.) Heard Shri Samarth Saxena, learned counsel for the petitioners.

(2.) This petition has been filed challenging the order dtd. 1/9/2023 passed in Civil Appeal No.6 of 2020; Balika Shukla and Others Vs. Neelam Shukla and Others, by the Additional District Judge, Court No.1, Lakhimpur Kheri, by means of which the appeal has been allowed and the order dtd. 7/2/2020 passed by the trial court in Regular Suit No.1158 of 2018 has been set aside and the parties have been directed to maintain status quo in regard to the land in dispute.

(3.) Learned counsel for the petitioner submits that the husband of the petitioner Shri Naveen Shukla was recorded tenure holder of the land in dispute and in possession of the house in question. After his death the petitioner came into possession and her name was recorded in PA-11. The respondents filed Regular Suit No.1158 of 2018 for permanent injunction on the ground that the petitioner no.1 has remarried with one Shri Anshu, therefore she has lost her rights in the property of her husband Shri Naveen Shukla and the respondents, being sisters of Shri Naveen Shukla, are entitled for the property in question, whereas the petitioner no.1 has not remarried. The petitioner filed a written statement and reply in suit denying the remarriage of the petitioner and considering the same the application for interim injunction was rightly and in accordance with law rejected by the trial court by means of the order dtd. 7/2/2020. He further submits that the respondents filed a Civil Appeal No.6 of 2020 against the said order. The petitioner filed an objection against the appeal. But without considering the same, the appeal has been allowed and the interim injunction has been granted by the appellate court, therefore the impugned order is not sustainable in the eyes of law.