- (1.) Heard Sri S.K. Kalia, Senior Advocate assisted by Sri Daya Shankar Tripathi, learned counsel for appellant, Sri R.N. Gupta, learned Senior Counsel assisted by Sri Pritish Kuamr for respondent No. 1 Sri Abhinav Singh learned Counsel holding brief of Sri Gaurav Mehrotra for respondent No. 2 and Sri Anil Kumar Tiwari, learned Senior Counsel assisted by Sri Prakhar Misrha, for the respondent Nos. 4 & 5. By means of the present appeal, the appellant/defendant has challenge the order dated 26.08.2015 passed in Regular Suit No. 342 of 2015 (Dr. Susheel Suri Vs. Harish Suri & Ors.) by Civil Judge (Sr. Div.), Lucknow.
(2.) Facts in brief of the present case are that Sri Govind Ram Suri (now deceased) was the owner of the properties, details of which is given hereinbelow:- A. Land measuring 11032 Sqft. i.e. 10025.28 sqmtr of Khasra Plot No. 146 and 147 situated at Vilalge Gazipur Saidul Nisha Pargana Tehsil and District Lucknow presently known as Indira Nagar, Lucknow B. Khasra Plot No. 11/CP-1 situated at Sector-11 Vikas Nagar, Lucknow comprising area 1938.96 Sqmtr or 21000.00sqft. C. Property situated at 4A-Faizabad Road, behind Central Bank of India, Lucknow. Out of the wedlock of Sri Govind Ram Suri and appellant Smt. Sushila Suri, they were blessed with five children, two sons and three daughters, details of whom are as under:- 1. Smt. Pravesh Kumar 2. Smt. Praveen Bhasin 3. Smt. Pramod Bahari 4. Sri Harish Suri 5. Dr. Susheel Suri On 11.06.2004, Sri Govind RAm Suri had executed a will in respect to the properties in question in favour of his wife Smt. Sushila Suri and on 24.10.2011 he died.
(3.) In the year 2012, Smt. Sushila Suri filed a suit for declaration registered as Regular Suit No. 223 of 2012 (Smt. Sushila Suri Vs. Gaurav Suri) in the Court of Civil Judge, Lucknow. In the said suit, the children of late Govind Ram Suri were not made party by her on the ground that she is being absolute owner and in possession of estate left behind by her husband late Sri Govind Ram Suri. On behalf of Dr. Susheel Suri, an application for impleadment was moved and when the same was pending for consideration on 06.08.2012, the said suit was dismissed for want of prosecution. On 18.10.2012, Dr. Susheel Suri filed a suit for permanent injunction in the Court of Civil Judge, (Sr. Div.), Lucknow , registered as Regular Suit no. 1364 of 2012 (Dr, Sushil Suri Vs. Harish Suri and others) with the following main relief:- "(i) A decree for permanent injunction be passed in favour of plaintiff against the defendants restraining the defendants from selling, alienating or transferring the property morefully describe in para 2 of the plaint or to creat any third party right in property in suit.";