SHANTI DEVI Vs. RAJ KUMARI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is against the order dtd. 2/9/2021 passed by the learned Appellate Court, whereby the order passed by the learned Trial Court on 5/9/2017 in an application moved by the petitioners/plaintiffs under Order 39 Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure (CPC) was affirmed.

(2.) (i). The suit was filed by the petitioners/plaintiffs. It was a dispute between two lines of successors of late Sh. Lachman. The line represented by the petitioners/ plaintiffs contended that the other line represented by the respondents/defendants was not entitled to the property of late Sh. Lachman and that Mutation No. 1739, sanctioned on 21/1/1958 and subsequent mutations attested on that basis in favour of the respondents/defendants were illegal and void. Alongwith the suit, the petitioners/plaintiffs moved an application under Order 39 Rule 1 and 2 read with Sec. 151 CPC, seeking relief of temporary injunction for restraining the respondents/defendants from changing the nature, raising any sort of construction, alienating or encumbering the suit property in any manner and getting the suit land partitioned during the pendency of the suit.

(3.) I have heard learned Senior Counsel for the petitioners and gone through the case record.