SHAKURAN Vs. MUNICIPAL BOARD, DEVLI

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the order of the courts below. It is not in dispute that the husband of the petitioner filed Civil Suit No. 13/95 in respect of the disputed property. In the said suit, temporary injunction has not been granted and now the wife has come up with this Second Suit. Against the order of the learned trial Court in the suit filed by the husband of the petitioner, appeal has also not been filed. Temporary injunction in that suit in favour of the husband of the appellant has been declined as the court has not found any primafacie case in his favour. It is not in dispute that the petitioner and her husband are living together. They are not having any adverse interest. The learned first appellate court is correct in its approach in the facts and circumstances of the case that in case the property in Dispute would have been of the petitioner, her husband should have tiled a suit on her behalf against Smt. Shakuntala. The suit has been filed by the husband of the petitioner, against Smt. Shakuntala for permanent injunction to restrain her from making any construction over the property in dispute. The suit is filed by the petitioner with the allegation that her husband has conspired with Smt. Shakuntala. But on the face of it, in the facts and circumstances which have come on record these allegations primafacie false. The learned first appellate court and trial court are correct to hold that prima-facie it is not a bonafide suit. Not only this, identical reliefs are claimed in the present suit what have prayed for in the suit filed by the husband of the petitioner. This suit appears to have been filed by the petitioner at the instance of her husband. It is an another attempt on the part of the husband of the petitioner to harass Smt. Shakuntala. Thus, in the facts of this case, the first appellate court is perfectly legally and justify not grant temporary injunction in the suit in favour of the petitioner. I find no ground to interfere with the order passed by the courts below.

(2.) Accordingly, this revision petition is dismissed with cost to favour of Smt. Shakuntala Devi which is quantified to Rs. 1100.00. Revision Dismissed.