The Uttarakhand high court passed a judgement on 24th September 2022 in the case C.S Rawat and Shri Yogesh Tiwari v. Shri Animesh Singh (writ appeal no. 225 of 2021) the case was presided over by the honorable Mr. Justice Sanjay Kumar Mishra
Facts of the case
A retired Army Personnel, has taken exception to the order passed by learned Civil Judge (Senior Division), thereby dismissing her application for interim injunction under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908. Appellant-plaintiff, respondents – defendant nos. 1 and 3 are brother and sisters and they are the only surviving legal heirs of late Shri Hukum Singh. Shri Hukum Singh purchased a property from its previous owner Shri Ram Nath Satthi, on execution of a registered deed of sale dated 11.01.1984. He was delivered possession thereof in the year 2009. Father of the appellant – plaintiff gifted a piece of land to the plaintiff – appellant. through a registered gift deed with respect to plot. It was a self- acquired property of father of the appellant – plaintiff. On 05.01.2017, father of the appellant – plaintiff, Shri Hukum Singh died intestate leaving behind plaintiff – appellant and defendant- respondent nos. 1 and 3.
The case of the appellant – plaintiff is that after the death of her father, defendant -respondent no. 1 by manipulating the records mutated his name exclusively with revenue records on 12.09.2017. Thereafter, he transferred the land in favour of his wife through gift deeds dated 03.11.2018 and 29.12.2018. When the aforesaid fact came to the knowledge of the plaintiff – appellant, she filed complaints before District Magistrate, Commissioner and also before other appropriate forums.
The court in the end is of the opinion that appellant – plaintiff has prima facie case in her favour, which requires careful consideration. A balance of convenience lies in her favour for issuing injunction, then refusing the same. It is, thirdly, held that the appellant – plaintiff shall suffer irreparable injury, if injunction is not granted and such injury cannot be compensated by any amount of costs or damages.
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JUDGEMENT REVIEWED BY ANANTH PAI