SONIA JETHI Vs. RAGHAV JETHI

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution for setting aside the impugned order dtd. 14/7/2021 (P-4), passed by learned Civil Judge (Junior Division), Panipat (for short 'trial Court'), whereby an application moved under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') at the instance of petitioner (defendant No.1) was dismissed.

(2.) Petitioner is the mother of respondent Nos.1 &2-plaintiffs, whereas respondent No.3 happens to be her husband. Respondent Nos.1 and 2 filed civil suit (P-1) for declaration to the effect that they are owners in possession of the suit property, measuring 56 Sq. Yd. (part of Property No.333-R, Model Town, Panipat) as well as property measuring 115.65 Sq. Yds. (part of Property No.236-R, Model Town, Panipat), both registered in the name of petitioner, vide Sale Deeds bearing Vasika No.3896 dtd. 14/9/2012 and Vasika No.8736 dtd. 1/2/2016, respectively, with the understanding that same shall be transferred in favour of respondent Nos.1 and 2 on attaining the age of 20 years. Further prayer is for consequential relief of permanent injunction restraining petitioner from interfering in their peaceful possession and not to alienate the same in any manner.

(3.) Upon notice, petitioner entered into appearance and filed application under Order 7 Rule 11 CPC for rejection of the plaint, which was opposed at the instance of respondent Nos.1 and 2 by way of joint reply.