OM PRAKASH Vs. AMI LAL

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that in name of the father of the plaintiff and defendant, an agricultural land in Chak 1 JMW Square No.8 Stone No.134/379 measuring 0.911 hectares, Square No.16 Stone No.134/380 measuring 6.236 hectares and Square No.22 Stone No.134/381 measuring 1.265 hectares, was situated, on which, plaintiff, defendant and other family members were cultivating jointly and after the death of father of the plaintiff and the defendant, i.e. on 17/12/2005, the Petitioner-defendant contends to have the Will dtd. 28/1/1998 of said 7 killas in his favour. The Respondent-Plaintiff after getting the knowledge of the Will dtd. 28/1/1998, filed a suit before the learned trial court below on 26/4/2006 for cancellation of Will dtd. 28/1/1998 along with the application for temporary injunction to restrain the petitioner from selling, mortgaging or transferring the land in dispute till the final disposal of the suit.

(3.) The learned trial court under Order 39, Rule 1 and 2 Civil Procedure Code in Civil Misc. Application No.21/2006 passed an order dtd. 16/10/2007 that the parties till the decision of the suit, are restrained from mortgaging, selling and transferring the agricultural land in any manner and maintain the status quo of the site and the record.