LAWS(HPH)-2019-11-107

RAJEEV KUMAR Vs. RAVINDER KUMAR SHARMA

Decided On November 27, 2019
RAJEEV KUMAR Appellant
V/S
RAVINDER KUMAR SHARMA Respondents

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner has prayed for the following reliefs:-

(2.) Brief facts necessary for the adjudication of the present petition are that a suit has been filed by the respondents herein against the present petitioner under Section 37 of the Specific Relief Act praying for the following reliefs:- "It is, therefore, respectfully prayed that a decree for permanent prohibitory injunction restraining the defendant from releasing any amount standing in the name of Leela Sharma in any manner in any bank or other financial institution in the shape of Saving account, FDR's RD's, shares or debentures whatsoever, further the defendant is to be restrained from releasing the pension and service amount of Late Sh. Chunni Lal Sharma standing in the name of Smt. Leela Sharma from bank, Government treasury or any other financial institution in any manner whatsoever . either by himself or through his agents, servants, assignees, legal heirs whosoever may kindly be passed in favour of the plaintiffs and against the defendant alongwith the cost of the suit, in the interest of justice."

(3.) Alongwith the plaint, an application was also filed by the plaintiffs before the learned Trial Court under Order 39, Rules 1 and 2 of the Civil Procedure Code, praying for ad-interim injunction, for restraining the respondent/defendant from releasing any amount standing in the name of deceased Smt. Leela Sharma, in terms of the averments made in the application.