SAMITRA DEVI Vs. KUMAR KOTWAL

JUDGEMENT

(1.) Through the medium of this appeal, the appellant seeks setting aside of the order dtd. 17/9/2021 passed by the court of learned Principal District Judge, Bhaderwah (for short the "Trial court") in a civil suit titled "Samitra Devi vs Shree Kumar Kotwal and others", whereby dismissed the application for grant of stay, on the grounds tailored therein.

(2.) It is contended in the appeal that the appellant filed a civil original suit for declaration with permanent prohibitory injunction to the effect that the appellant by virtue of document executed by her husband late Krishan Lal and his brothers namely Shree Kumar Kotwal and Om Kumar Kotwal way back in the year 1967 in favour of the appellant, is the absolute owner in continuous peaceful possession and occupation of land bearing Khasra No. 1456 measuring 1 canal 14 marlas situated at revenue village Udrana, Tehsil Bhaderwah. It is averred that since the appellant who is in cultivating possession of the suit land, the respondent No. 1 filed a petition for partition before the Tehsildar, Bhaderwah seeking the relief of partition of the land in different khasra numbers, as such the respondents have no right to maintain their claim over the suit land. It is further submitted that the respondent No. 1, husband of the appellant, respondent No. 2, husband of respondent No. 3 and father of respondent Nos. 4 to 6 have jointly sold the land falling under Khasra Nos. 351, 355, 358, 362, 363 and 367 measuring 37 kanals, besides this the respondent No. 1 has also forged the record of joint property falling under Khasra No. 1543 measuring 19 marlas by recording his name in the revenue record and sold land measuring 2 kanals 11 marlas falling under Khasra No. 3229 min without the consent and knowledge of other co-sharers. Thus the parties are managing the affairs of their respective shares, as such respondent No. 1 has no claim over the suit property.

(3.) It is contended that along with the main suit the appellant has also filed an application in terms of order 39 Rule 1 and 2 CPC which has been rejected by the Trial court after considering the written statement filed by defendant/respondent on the ground that the same is devoid of merit.