MANOJ THAPA Vs. SARASWATI THAPA
HIGH COURT OF UTTARAKHAND
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(1.) Heard Mr. Rajat Mittal, Advocate, holding brief of
Mr. Ramji Srivastava, Advocate, for the applicant and Mr.
Pankaj Miglani, Advocate, assisted by Mr. Lalit Miglani,
Advocate, for the complainant respondent. Also perused the
papers on record.
(2.) The order dated 27.5.2008, passed by the Special
Judicial Magistrate in Criminal Case No. 133/2008, Smt.
Saraswati Thapa v. Manoj Thapa has been assailed by
Manoj Thapa, who is none other but the real son of
complainant Smt. Saraswati Thapa.
(3.) It transpires that Smt. Saraswati Thapa and her
husband Mahendra Singh Thapa are almost octogenarians.
About 25 years ago, they purchased one bigha land at
Jakhan in Dehradun city and constructed a house
thereupon. Manoj Thapa lived in Nepal till 2000. Thereafter
he switched over to Dehradun and started residing on the
first floor of the said property. Half of the land was sold by
parents under the pressure of his son Manoj Thapa, while
rest of the property was occupied by the old parents.
Anjuma Thapa segregated her relations from Manoj Thapa
on 24.11.2002. Thereafter another woman Anita Thapa
came in the life of Manoj Thapa on 18.2.2003. Then
relations between the parents and son became sour. At the
ground floor, in half of the portion, there appears to be a
shop which is in the possession of Manoj Thapa, wherein he
carries the business of stockist of medicine. When Manoj
Thapa and his wife Anita Thapa did not pay reverence to
Smt. Saraswati Thapa and her husband, then parents of
Manoj Thapa strived to expel him and his wife Anita from
the house. So, two suits were filed. Suit No. 127/2008 was
filed by Manoj Thapa seeking prohibitory injunction against
his octogenarian parents not to eject him from the shop
being run by him on the ground floor of the property. Suit
No. 191/2008 was filed by Smt. Anita Thapa on 18.2.2008
seeking prohibitory injunction against the old couple not to
expel her from the upper floor of the said premises.
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