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2019 Supreme(Raj) 1403

P.K. LOHRA
Ashwin – Appellant
Versus
Kusum – Respondent


Advocates Appeared:
Narendra Thanvi, Advocate, A.K. Jain, Advocate, Rakesh Chotia, Advocate

JUDGMENT

P.K. Lohra, J. - Appellants, who were arrayed as non-applicants in a petition for temporary injunction under Order 39 Rule 1 & 2 CPC have preferred this appeal under Order 43 Rule 1 CPC to challenge order dated 27th of May, 2019, passed by Judge, Family Court, Pratapgarh (for short, 'learned Court below'). The learned Court below, by the order impugned, accepted application of the respondent No.1 & 2-applicants for temporary injunction.

2. The facts apposite for the purpose of this appeal are that at the threshold one Keshu Ram filed a civil suit for declaration and permanent injunction against Smt. Jamna, inter-alia, claiming the reliefs that he may be declared owner of the properties mentioned in the suit and requisite entries made in the name of Smt. Jamna on the strength of Will dated 28th of March, 2007 be declared as null and void. During pendency of the suit, Keshu Ram died and his legal heir respondent No.3 was brought on record. Being close relative, good senses prevailed on the parties as both of them were aunt and nephew, and therefore, the dispute was amicably settled by way of compromise on 4th of October, 2018. The compromise eventually led to decreeing of the

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