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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
Vishnu Kumar Gupta, adopted S/o. Hazari Lal – Appellant
Versus
Suresh, S/o. Kedar – Respondent
Order :
MANEESH SHARMA, J.
1. The present second appeal has been filed by the appellant assailing the judgment and decree dated 11.04.2025 passed by the learned Additional District Judge, Mahwa, District Dausa in Civil Regular Appeal No.19/2020 (CIS No.38/2020) confirming the judgment and decree dated 23.07.2015 passed by the learned Senior Civil Judge, Mahwa, District Dausa in Civil Suit No.38/2012, whereby both the learned Courts below concurrently dismissed the suit for permanent injunction filed by the plaintiff/appellant.
2. Brief facts giving rise to the present second appeal are that in the year 2011, the plaintiff/appellant filed a suit for permanent injunction while claiming himself to be the adopted son of defendant/respondent No.1- Smt. Kasturi Devi and late Sh. Hazari Lal and in the said suit, the plaintiff/appellant sought the following reliefs:-
3. Upon service of notice, the defendant/respondent No.1- Smt. Kasturi Devi filed a written statement on 14.02.2012 and categorically denied the factum of adoption, and prayed for dismissal of the suit.
4. Similarly the other defendants also filed their respective written statements and denied the averments made in the plaint and p
Compliance with the conditions for a valid adoption under the Hindu Adoption and Maintenance Act, 1956 is essential to establish the legality of adoption and the right in the suit property.
The validity of the adoption deed and will, and the application of Section 16 of the Hindu Adoption and Maintenance Act, 1956 in property disputes.
The legal principle established is that a person in lawful possession of a property, especially as an adopted son, cannot be dispossessed without following due process of law.
A second appeal under Section 100 CPC is restricted to substantial questions of law, not factual re-evaluations. Valid proofs for claims such as adoption must meet statutory requirements for recognit....
Registered adoption documents presume compliance with the law; the burden rests on the claimant to disprove, which may not simply rely on allegations of fraud.
The main legal point established in the judgment is the requirement to prove the valid execution of a Will and adoption deed in property disputes, and the significance of additional evidence in revea....
The main legal point established in the judgment is the importance of establishing lawful possession and discharge of obligations in property disputes, as well as the relevance of challenging relevan....
Injunctions cannot be granted when an adequate remedy, like specific performance, exists, in accordance with the Specific Relief Act, and High Courts must limit their appeal jurisdiction to substanti....
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