RENU MISHRA Vs. UMA TIWARI

JUDGEMENT

(1.) COUNTER affidavit filed today, is taken on record. Heard Sri R.P. Mishra for the petitioner and Sri Shyam Ji Shukla for the respondents -1 and 2.

(2.) THE writ petition has been filed against the order of Special Judge, CBI dated 15.7.2014 allowing the appeal filed by respondents -1 and 2 against the order of Additional Civil Judge dated 4.10.2013 passed in the application for interim injunction.

(3.) THE Counsel for the respondents states that the alleged Will dated 15.2.2012 is forged and fabricated document and on the death of late Rejendra Mohan Tiwari the house in dispute was inherited by his widow Smt. Uma Tiwari and his daughter Smt. Gitika Pandey. In the first floor of the house in dispute the petitioner was permitted to reside by way of license, however taking advantage of pitiable condition of the respondents, the petitioner has fabricated a Will and begun to claim her title over the house in dispute. The license of the petitioner was revoked and a suit has been filed for her ejectment as well as permanent injunction of the house in dispute by respondents -1 and 2. In the suit respondents -1 and 2 filed an application for interim injunction restraining the petitioner from interfering in their possession over the ground floor of the house in dispute. The application for interim injunction was rejected by the Trial Court by order dated 4.10.2013. Respondents -1 and 2 filed an appeal registered as Misc. Civil Appeal No. 187 of 2013 from the aforesaid order. The Special Judge, CBI by the impugned order dated 15.7.2014 found that respondents -1 and 2 being widow and daughter of late Rejendra Mohan Tiwari, their possession over the ground floor was established and therefore they have prima facie case in their favour and in case the interim injunction is not granted to the respondents, then they will suffer irreparable loss and injury and Trial Court has illegally rejected the application for interim injunction. On this ground the appeal was allowed and the possession of the respondents -1 and 2 on ground floor of House No. 11/755 situated in Indira Nagar Vistar, Lucknow is confirmed. Hence this writ petition has been filed.