"Mani Ram vs Kumari Devi Aparna (Original
2023 Latest Caselaw 198 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
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      11.01.2023                        FA No.14 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Proposed First Appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 17.11.2022. passed by the learned Senior Civil Judge, Roorkee, District Haridwar in Original Suit No.103 of 2019, "Mani Ram vs. Kumari Devi Aparna (original name Chakotra Saini D/o Mani Ram) & Others", whereby, the said suit filed by the appellant-plaintiff for cancellation of Registered Gift Deed and for perpetual injunction, has been dismissed.

Heard Mr. Aditya Singh, learned counsel for the proposed appellant.

Learned counsel for the proposed appellant submitted that at the time of execution of the said Gift Deed, a fraud was played by the daughter of the plaintiff, defendant no.1, and, sufficient evidence have been adduced by the plaintiff before the Trial Court regarding the said fraud. He further submitted that the respondent no.1- defendant no.1, daughter of the appellant- plaintiff, has executed an agreement to sell the suit property in favour of the respondent nos.2 & 3-defendants.

Admit.

Issue notice to the respondents. Steps to be taken within a week.

List this case on 18.03.2023. Till then, both the parties are restrained to create any third party interest over the suit property.

(Alok Kumar Verma, J.) 11.01.2023

JKJ/Pant