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2023 Supreme(Raj) 1387

NARENDRA SINGH DHADDHA
Asha Sanghi Wife of Shri Jitendra Sanghi – Appellant
Versus
Neeraj Jain (Tholiya) Son Of Shri Nirmal Kumar Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J. P. Goyal, Senior Counsel with Ms. Jyoti Swami, Adv., & Ms. Minal Bhargava, Adv., Mr. Mohd. Adil, Adv.
For the Respondent: Mr. Bipin Gupta, Adv.

JUDGMENT :

1. Instant appeal filed by the appellant-plaintiff (for short ‘the plaintiff’) against the judgment and decree dated 10.12.2019 passed by Additional District & Sessions Judge No.15, Jaipur Metropolitan in Civil Suit No.32/2012, whereby learned trial court had dismissed the suit filed by the plaintiff.

2. Facts of the case are that plaintiff and respondent No.11 jointly filed a civil suit for permanent injunction and mandatory injunction against the respondents-defendants (for short ‘the defendants’) claiming themselves to be owners of the suit properties being natural successors of deceased Smt Lalita Devi and Late Shri Gopi Chand. Respondent No.1-defendant (for short ‘the defendant No.1’) claimed himself to be sole owner of the suit properties on the basis of Will dated 10.09.1996 of Smt Vimla Devi and stating himself to be adopted son of Smt Vimla Devi.

3. Trial court has framed the following issues on the basis of pleadings of the parties:

    (1) Whether plaintiffs are entitled to get permanent injunction against defendants to the effect that neither they should not mortgage, sale, gift, transfer, destroy the suit property as mentioned in para 8 of the plaint in favour of an

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