DURGA SHANKAR SHARMA Vs. PUSHPA SHARMA

JUDGEMENT

(1.) This revision petition is directed against the order dated 20/1/2021 passed by Civil Judge (South), Udaipur City, Udaipur, whereby, the application filed by the petitioners under Order VII Rule 11 CPC has been rejected.

(2.) The suit was filed by the respondent - plaintiff for mandatory and permanent injunction on 17/5/2014 against the petitioner no.1, her brother, in relation to plot no. 199, Block - A, Chitrakoot Nagar, Bhuvana, Udaipur. It was indicated that the defendant, her brother, was somehow trying to illegally take possession of the plot in question and was threatening the plaintiff for registering the plot in his name and has indulged in removing the gate and demolishing the wall. It was alleged that the defendant, who is a lawyer, has threatened that by concocting the documents he would take possession of the plot. Based on the said allegations, it was indicated that the cause of action finally arose on 5/5/2014 when again threat was given and extreme misbehaviour was done. Based on the said submissions, relief was claimed for permanent injunction against the defendant not to trespass over the plot in question and not to interfere with the plaintiff's possession and by way of mandatory injunction, to get the gate and wall reconstructed.

(3.) The plaint was got amended by impleading petitioner nos. 2 and 3, daughters of petitioner no.1, based on the subsequent event, whereby, the petitioner no.1 transferred the plot in question to petitioner nos. 2 and 3 by sale deed dated 26/5/2014.