NEHA SINGH Vs. ASHA SINGH

JUDGEMENT

(1.) This Misc. Appeal has been preferred by the appellant under Order 43, Rule l(r) read with section 151 of Civil Procedure Code being aggrieved by order dated 17-9-2010 passed by Second Additional District Judge, Satna in MJC No. 18/2009.

(2.) It is not in dispute that respondent No. 1 Smt. Asha Singh is a legally married wife of late Ashok Kumar Singh. It is also not in dispute that appellant Ku. Neha Singh is a daughter of late Ashok Kumar Singh by his first wife Smt. Anita Singh, who died in the year 1990-91.

(3.) The facts of the case in short are that the appellant filed a civil suit for declaration and injunction before the trial Court on the basis of Will executed by late Ashok Kumar Singh in her favour. She filed an interim application under Order 39, Rules 1 and 2 read with section 151 of Civil Procedure Code for grant of temporary injunction during pendency of the suit and pleaded inter alia that her father late Ashok Kumar Singh executed a Will in her favour on 3-11 -2008 that she alone is entitled to get retiral benefits and payments from the office of his father. It was further pleaded that her father died on 27-11-2008. Respondent No. 1 after dispute with her husband late Ashok Kumar Singh, left her matrimonial house in the year 2006 and living in her parental house. Respondent No. 1 lodged a report against appellant, her father and grandfather. It was also pleaded that respondent No. 3 is bent upon to disburse the retiral benefits in favour of respondent No. 1. Since as per the Will executed by father of appellant, the appellant is the only person who is entitled for retiral benefits, appellant has prima facie case in her favour. In the event of disbursement, she will be deprived from aforesaid right and she will suffer irreparable loss, therefore, temporary injunction against respondents was prayed.