YAMINI DADHICH Vs. VIVEK DADHICH

JUDGEMENT

(1.) The present appeal is filed by the appellants being aggrieved with the order dtd. 21/10/2023, whereby the application filed by the appellants under Order 7 Rule 11 CPC read with Sec. 151 CPC has been dismissed.

(2.) Brief facts of the case are that the respondent has filed an application under Sec. 7 of the Family Court Act, 1984 (for short 'the Act of 1984') for recovery of possession and permanent injunction against the appellants claiming that a house situated in the city of Jodhpur, description of which is provided in the plaint, is owned by him, however, the appellants have ill-treated him and his mother and threatened them to implicate in false cases and they forcibly evicted him and his mother from the house in the month of December, 2019 and at present he and his mother are living in a rented accommodation.

(3.) It is claimed in the application that the appellants may create a charge in the said house by selling the same to someone else by procuring loan on it from the banks or financial institutions, therefore, they may be restrained from doing so and the possession of the house may be given to him.