JAGDEEP SINGH Vs. SWARN SINGH @ SARWAN SINGH
HIGH COURT OF UTTARAKHAND
Swarn Singh @ Sarwan Singh
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PRAFULLA C.PANT, J. -
(1.) THIS appeal, preferred under Order 43 Rule 1 of Code of Civil
Procedure, 1908, is directed against order dated 30.05.2012, passed by
Civil Judge (Senior Division), Rishikesh, in Original Suit No. 25 of
2011, whereby said court has granted temporary injunction disposing off application 6C2, against the defendant with direction that he shall not
seek mutation, or transfer of the property in suit , regarding which, he
claims to have inherited the same through a 'Will dated 21.06.2010.
(2.) HEARD learned counsel for the parties.
(3.) BRIEF facts of the case are that plaintiffs and defendant are real brothers. After the death of their father they alongwith their
mother inherited the land situated in Village Majri Grant, Pargana
Parwadoon, Tehsil Rishikesh, District Dehradun, details of which are
mentioned at the foot of the plaint. Plaintiffs Swarn Singh and Gyan
Singh instituted the suit No. 25 of 2011, against the defendant (present
appellant) stating that the parties alongwith their mother Dhan Kaur were
collectively cultivating the land of their father late Tota Singh. It is
alleged in the plaint that the defendant fraudulently, got executed the
'Will dated 21.06.2010, in respect of share of their mother and intend
to dispose of the same after mutating his name.
The defendant contested the suit and pleaded that the partition of the property between the plaintiffs, defendant and their
mother had already taken place during the life time of father of the
parties to the suit. Defending the 'Will executed in favour of the
defendant by his mother, on the ground that the same was executed in a
fit set of mind by her, it is pleaded by the defendant that the
plaintiffs are not entitled to the relief claimed by them.;
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