WPMS/554/2021
2021 Latest Caselaw 1079 UK

             Office Notes, reports,
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                                      WPMS No.554 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Sachin Kumar Sharma, Advocate for the petitioner.

The petitioner before this Court is plaintiff in a suit for declaration of registered will dated 17.02.2017; as to be void. He has also simultaneously, sought a decree for grant of a decree of permanent injunction, in relation to the property, which was more particularly described at the foot of the plaint, which was instituted on 30.11.2017.

The nature of relief, which was formulated therein, was qua as against the defendants to the suit, who is the real brother and sister of the plaintiff/petitioner.

The challenge in the writ petition is to the impugned judgments and by virtue of which the learned trial court has rejected the plaintiff/petitioner's application for grant of injunction by invoking Order 39 Rule 1 and 2 where the nature of temporary injunction, which was sought for was by way of a restraint as against the defendant's from creating any third party interest, under the strength of the will of 17.02.2017, which was under challenge in the suit.

Issue notice to the respondents. Steps would be taken by the petitioner within a period of ten days from today. They may file their counter affidavit within a period of three weeks from the date of service of notice.

Till the next date of listing, parties to the writ petition will maintain status quo, qua the nature and title of the property in question and would not create any third party interest. Interim Relief Appl. No.01 of 2021 stands disposed of.

(Sharad Kumar Sharma, J.) 23.03.2021 Arti