MEEMO DEVI Vs. SAROJ KUMARI

JUDGEMENT

(1.) The petitioner/defendant (hereinafter referred to as the petitioner) has filed this petition under Article 227 of the Constitution of India against the judgment dated 21.03.2016 passed by the learned Additional District Judge-II, Kangra at Dharamshala, Camp at Jawali.

(2.) It is not in dispute that the plaintiff/respondent (hereinafter referred to as the respondent) alongwith suit for declaration and injunction had filed an application under Order 39 Rules 1 and 2 CPC which was partly allowed by the learned trial Court and the petitioner was restrained from mortgaging or creating charge over the land comprised in Khata No.137, Khatauni No.179, Khasra No.103, land measuring 0-40-23 HMs. to the extent of 3449/4023 shares i.e. 0-34-49 HMs., situated in Mohal Bhanyari, Mauza Bhali, Tehsil Jawali, District Kangra, H.P. during the pendency of the suit. However, as regards the relief of injunction restraining the petitioner from dispossessing the respondent or from transferring it by way of sale, gift or exchange the same was declined.

(3.) This constrained the respondent to file an appeal before the learned first appellate Court, who vide impugned judgment dated 21.03.2016 has allowed in entirety the application filed by the respondent and thereby has restrained the petitioner from dispossessing the respondent from suit land and also from alienating the suit land or creating charge over it in any manner whatsoever. It is this judgment which has been assailed by way of instant petition mainly on the ground that once the learned trial Court had found the petitioner to be in possession of the suit land, then no injunction could have been granted in favour of the respondent without first upsetting these findings.