MOHAN SHARMA Vs. VIMLA DEVI

JUDGEMENT

(1.) Appellant-plaintiff has filed this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 7/11/2019 passed in Civil First Appeal No. 120/2019 by the Court of Additional District Judge No.18, Jaipur Metropolitan, Jaipur, dismissing the appeal and affirming the judgment and decree dtd. 11/3/2019 passed in Civil Suit No.345/14 (366/15) by the Court of Additional Civil Judge and Metropolitan Magistrate (West), Jaipur Metropolitan, Jaipur, whereby and whereunder appellant- plaintiff's suit for permanent injunction has been dismissed.

(2.) Heard counsel for appellant and perused the record.

(3.) It appears from record that appellant-plaintiff instituted a simplicitor civil suit for permanent injunction on 29/9/2014 against his mother, brother and brother's wife alleging inter alia that the suit property-Plot No.9, Vasudev Puri-B, Kalwar Road, Chandni Chowk, Jhotwara, Jaipur, was purchased by his father Sh.Ramesh Chand Sharma through sale deed dtd. 28/10/1985 in the name of his mother respondent-defendant No.1 namely Smt. Vimla Devi. It was averred that plaintiff's father passed away on 21/12/1999 and the mother and brother were inclined to sell/transfer the suit property, hence they may be restrained not to sell or alienate the suit property.