Decided on March 22,2013

Manoj Thapa Appellant
Saraswati Thapa Respondents


- (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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