RAMNARAYAN Vs. ARVIND

JUDGEMENT

(1.) This appeal under 43 Rule 1 of the CPC is at the instance of the plaintiff in the suit challenging the order of the trial Court dated 14/2/2012 passed in CS No.8-A/2011 rejecting the appellants application under Order 39 Rule 1 and 2 CPC.

(2.) The appellants as well as the respondent No.1 are sons of Shiv Prasad Chaurasia and the respondent No.4 is the daughter of Shv Prasad Chaurasiya whereas the respondent No.2 and 3 are sons of respondent No.1.

(3.) The appellants had filed the suit for declaration and permanent injunction pleading that their father Shiv Prasad Chaurasiya had executed the will dated 30/4/2005 bequeathing ground floor of the house bearing No.441 to the appellant No.1 and making a provision for other properties in respect of the other legal heirs. Their further case is that the ground floor shop in question is a tenanted premise for which the appellant No.1 is receiving rent and that the respondents are claiming the property on the basis of the will dated 21/7/2006 which is a fabricated will. Shiv Prasad Chaurasiya had died on 29/7/2006. The appellants had claimed declaration on the basis of the will dated 30/4/2005 in their favour and also for the declaration of will dated 21/9/2006 as forged and fabricated. Along with the suit the appellants had filed an application under Order 39 Rule 1 and 2 CPC seeking temporary injunction restraining the respondents from interfering in their use and possession as also anti suit injunction seeking stay of the further proceedings in the eviction suit No. CS 22-A/2010 pending before the VII Addl. District Judge, Indore filed by the respondents for eviction of the tenant from ground floor of House No.441. The trial Court, by the impugned order dated 14/2/2012 has rejected the application for temporary injunction.