SUCHETA GARG Vs. VINEET GARG

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 4/11/2019 (Annexure P-2) passed by learned Additional Principal Judge, Family Court, Ludhiana, whereby the petitioners have been directed to pay ad valorem court fee in a petition filed by them for maintenance under Sec. 7 of the Family Courts Act, 1984; and order dtd. 3/2/2020 (Annexure P-4), whereby their application seeking recall of order dtd. 4/11/2019 has been dismissed.

(2.) In brief, the petitioners-plaintiffs filed a suit before the learned Additional Principal Judge, Family Court, Ludhiana under Ss. 18 and 20 of Hindu Adoption and Maintenance Act, 1956 for grant of maintenance and for declaration to the effect that the plaintiffs have charge and creating charge over the properties as mentioned in the head note of the plaint; and further for declaration to the effect that one transfer deed executed by defendant No.1 in favour of defendant No.2 and two transfer deeds executed by defendant No.1 in favour of defendant No.3 with regard to immovable property as mentioned in the head note of the plaint, are illegal and null and void; suit for declaration to the effect that the property measuring 495.56 square yards with specific boundaries where M/s Nitisha International is doing its business, has been purchased by defendant No.1 in the name of defendant No.3 out of the funds of Shivam Auto Forge, proprietorship concern of defendant No.1, as such petitioners-plaintiffs have charge over said property also; and suit for permanent injunction restraining the defendants/respondents etc. from interfering in the possession of the plaintiffs over the property No.165-D, Phase-1, Urban Estate, Focal Point, Ludhiana, as shown in red colour in the site plan; and also restraining them from alienating, transferring possession, creating any other charge or dealing with the property as mentioned in the head note of the plaint.

(3.) The learned Additional Principal Judge, Family Court, Ludhiana, passed the order on 4/11/2019 (Annexure P-2), the extract of which is as under:-