SANJU Vs. KAMLESH

JUDGEMENT

(1.) By way of present second appeal, challenge has been laid to the orders dtd. 10/10/2023 and 24/10/2025 passed by the Courts below, whereby objection petition filed at the instance of appellants (legal heirs of judgment debtor) has been dismissed.

(2.) Briefly stating, respondent No. 2-Sudhir filed a suit for declaration qua the property in question situated within the revenue estate of Village Bohari, Tehsil Narnaul, claiming it to be Joint Hindu Family, coparcenary and ancestral property in the hands of his father-Ishwar Singh, while alleging that the subject property was alienated by the father in favour of respondent No. 1-defendant No. 1 vide three different sale deeds, without any legal necessity. The said suit was contested at the hands of respondent No. 1-defendant No. 1 (Kamlesh). Ishwar Singh, who happened to be the father of plaintiff, was proceeded against ex parte in the suit. remained ex parte. Besides filing her written statement, respondent No.1-defendant No. 1 also filed a counter claim for grant of permanent injunction with the prayer to restrain the plaintiff-respondent No. 2 herein (Sudhir) from interfering in her peaceful possession over the suit property.

(3.) Vide judgment and decree dtd. 9/10/2012 passed by the learned Civil Judge, Senior Division, Narnaul, the suit for declaration preferred at the instance of respondent No. 2-plainitff was dismissed, whereas the counter claim filed at the instance of respondent No. 1-defendant No. 1 was decreed, thereby restraining respondent No. 2-plaintiff as well as Ishwar Singh from interfering them in the peaceful possession of defendant No. 1-respondent No. 1 over the suit property.