KRISHNA LAL ALIAS KISHAN LAL Vs. DIKSHA SETIA

JUDGEMENT

(1.) The present misc. appeal is preferred challenging order dtd. 7/8/2025 passed by the Court of Additional District Judge, Srikaranpur, District Sriganganagar ("learned trial Court") rejecting application of appellant-plaintiff under Order 39 Rule 1 and 2 CPC and refusing to grant temporary injunction in favour of appellant-plaintiff.

(2.) Facts germane to present misc. appeal are that, appellant-plaintiff filed a suit for cancellation of sale deed dtd. 3/10/2023, also seeking decree of declaration and permanent injunction against the defendants, along with application under Order 39 Rule 1 and 2 CPC mentioning therein that in a land measuring 36 Bighas and 14 Biswas situated at Chak 20 BB Second, Tehsil Padapur, his son Deepak Khurana was having 1/4 share. Apart from that, son Deepak Khurana was having 1/2 share in three residential plots.

(3.) Said application was contested on behalf of respondent No.1 stating therein that plaintiff as well as brother of her late husband Ashish had some blank stamp papers of her husband and same have been misused by plaintiff and a forged and fabricated Will has been executed. It is averred that the Will so relied upon by plainitiff, on the face of it seems to be suspicious one as the signatures of executor is apparently found below the signatures of the witnesses and the Will itself nowhere contains any mention about wife of late Deepak Khurana.