ASHOK KUMAR Vs. JAI KUMAR

JUDGEMENT

(1.) This petition has been directed against the order dated 17th May, 1997, passed by the Additional District Judge, Jagadhri. By this order, the learned Additional District Judge, Jagadhri has set aside the order dated 16th January, 1996, passed by the learned Additional Civil Judge, Senior Division, Jagadhri, by which the learned Additional Civil Judge had allowed the application filed by the petitioner-plaintiffs under Order 39, Rules 1 and 2, CPC and had restrained the respondent-defendants from alienating 1/5th share of the suit land. The learned trial Court while passing the order dated 16th January, 1996, observed :

(2.) Mr. Dinarpur, learned counsel appearing on behalf of the petitioner-plaintiff submitted that the learned trial Court after having examined the original Will dated 19th October, 1983 and after observing that it is the subsequent Will, passed the order granting injunction. Therefore, it cannot be stated that the order passed by the learned trial Court was arbitrary or perverse or the same was in disregard of the sound legal principles or it was passed without referring to the relevant records. He, therefore, submitted that the learned lower appellate Court was not correct in setting aside the said order. In support of his submission, the learned counsel placed reliance on a judgment of this Court in cc.

(3.) The learned counsel further submitted that the learned trial Court has granted the interim injunction only to the effect that the defendants shall not alienate 1/5th share of the suit land which the plaintiff had claimed by virtue of the Will dated 19th October, 1983. He submitted that since both the parties are relying on their respective Wills, it would be in the interest of justice that the suit property is preserved during the pendency of the case. In support of this submission, the learned counsel placed reliance on two judgments of the Delhi High Court in Sashi Malhotra v. Lakshman Kumar Aggarwal, 1996 (3) RCR (Civil) 733 : (1997 AIHC 558) and Sanjay Tandon v. Sarabjit Singh, 1997 (4) RCR (Civil) 571 : (AIR 1997 Del 380).