NIRMALA DEVI Vs. SATYA DEVI

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The present revision petition has been filed challenging the order dated 23.12.2020 (Annexure P-6) passed by the Trial Court and order dated 10.03.2021 (Annexure P-8) passed by the Appellate Court dismissing the application filed by the plaintiff-petitioner under Order 39 Rules 1 and 2 CPC for grant of ad-interim injunction.

(3.) The facts relevant to the present lis are that in September 2020 the plaintiff-petitioner filed a civil suit for declaration to the effect that she is owner of 1/2 share in House No.45 bearing Property ID No.300C47082 measuring 200 sq. yards situated in Mauza Chandpur named Jaswant Nagar, Yamunanagar and for cancellation of Transfer Deed No.5735 dated 22.09.2017 executed by defendant-respondent No.1 in favour of her deceased daughter Kanta Devi and consequently for permanent injunction restraining the defendant-respondent No.2 from transferring/selling the property in dispute to any person by way of auction or any other manner. As per the averments in the plaint (Annexure P-1), the plaintiff-petitioner and the defendant-respondent No.1 are sisters and vide sale deed dated 20.02.1969 their father, Tirath Ram, had purchased the plot in dispute from one Jaswant Singh. Tirath Ram died on 13.05.1983 and the mother has also expired leaving the plaintiff-petitioner and the defendant-respondent No.1 as their legal heirs. It is further alleged that the plaintiff-petitioner had lately learnt that the defendant-respondent No.1 had executed the Transfer Deed in favour of her daughter, Kanta Devi, who was unmarried and had died. Kanta Devi had mortgaged the property in dispute with the defendant-respondent No.2 and availed CC limit and that the defendant-respondent No.2 was going to auction the property in dispute. Along with the plaint, an application (Annexure P-2) was filed for grant of ad-interim injunction for restraining the defendant-respondents from alienating, transferring the property in dispute till final decision of the civil suit.