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2015 Supreme(P&H) 514

K.KANNAN
Kamla – Appellant
Versus
Roshan Lal – Respondent


Advocates:
For the Appellant :Pawan Kumar Gupta, Advocate
For the Respondents:Jai Singh Yadav, Advocate

K. Kannan, J.

1. The revision petition is against the order of the appellate Court passed pending suit modifying the order passed by the trial Court issuing interim injunction sought at the instance of the plaintiff. The plaintiff's contention was that his father Ghisa Ram had died in the year 1993 and before his death, he was alleged to have suffered a decree in favour of his grandsons, admitting the right claimed by the grandsons. The daughter has filed a suit in the year 2012, contending that the father's decree will not bind her and has sought for a declaration that she has a 1/4th share in the property and for injunction restraining the respondents from sale of the property.

2. In order that a person obtains an interim order, the test shall invariably be that the plaintiff has a prima facie case and if the injunction is not granted, very serious prejudice would be caused. This is a case of a daughter making a claim at 65 years to the share alleged to have left behind by the father and over which, she has a right which is sought to be taken away. The trial Court granted the relief of injunction and the appellate Court set it aside but directed that any alienation and construction






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