SANDEEP SHARMA
Besru Devi – Appellant
Versus
Bhoop Ram & Ors. – Respondent
JUDGMENT
Sandeep Sharma, J. - Instant petition filed under Art. 227 of the Constitution of India is directed against the judgment dated 15.3.2021 passed by learned District Judge, Shimla, District Shimla, H.P., in CMA No.29-S/14 of 2020, reversing the order dated 3.9.2020 passed by learned Civil Judge, Court No.7, Shimla, District Shimla, Himachal Pradesh, whereby CMA No. 719 of 2019, having been filed by the applicant-plaintiff ( hereinafter 'plaintiff') under Order 39 Rules 1 and 2 CPC, restraining the respondents-defendants (hereinafter, 'defendants') from causing any damage or interfering, selling, alienating, encumbering and mortgaging any portion of the suit land during the pendency of the main suit was allowed.
2. Precisely, the facts of the case as emerge from the material available on record are that the plaintiff claiming herself to be co-owner alongwith the defendants, filed suit for declaration to the effect that the Relinquishment Deed/Release Deed No. 1604, dated 9.9.2013 registered in the office of Sub Registrar, Shimla in favour of defendants No.1 and 2 is illegal, wrong, void and inoperative against the right, title and interest of the plaintiff as the same has been
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