ANUSHRI JAIN Vs. ANAMIKA JAIN

JUDGEMENT

(1.) The present civil revision under Sec. 115 of the Code of Civil Procedure, 1908, has been preferred by the petitioner, taking exception to the order dtd. 11/8/2021 passed by the II Civil Judge Class -II, Vidisha whereby the application preferred by the petitioner under Order VII Rule 11 of CPC, has been rejected.

(2.) Brief facts giving rise to the present petition are that respondents/plaintiffs filed a suit for declaration and permanent injunction against the petitioner/defendant No.1 in respect of the properties description of which is given in para 4 of the plaint. In the plaint, plaintiffs alleged that defendant No.1/petitioner is daughter of first (divorced) wife of late Aseem Prakash Jain, who already received the permanent alimony of Rs.4,50,000.00 by virtue of order dtd. 1/3/2009 passed in F.A.No.194/2007, therefore, defendant No.1 has no right in the property of late Aseem Prakash Jain.

(3.) It is stated that plaintiff No.1 is legally married wife of late Aseem Prakash Jain and plaintiffs No.1 and 2 are sons of late Aseem Prakash Jain. After the death of late Aseem Prakash Jain on 30-06- 2020, petitioner/defendant No.1, moved an application for mutation and got her name mutated over the properties in question and trying to interfere in their peaceful possession of the land, therefore, cause of action arose to the plaintiffs and they preferred the suit before the trial Court.