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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Sachin Kumar – Appellant
Versus
Nidhi Dohre – Respondent
| Table of Content |
|---|
| 1. facts surrounding the property ownership dispute. (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented in court regarding the ownership. (Para 8 , 9 , 10 , 11) |
| 3. jurisdictional issues concerning the family court. (Para 12 , 13 , 14 , 15) |
| 4. doctrine of res judicata and jurisdiction. (Para 19 , 20 , 21) |
| 5. conclusion and direction for trial in family court. (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed under Section 96 CPC against the impugned judgment and decree dated 19.10.2024 passed by the Additional Civil Judge (S.D.) Court No.10, Ghaziabad in O.S. No.544 of 2020 ( Sachin Kumar Vs. Smt. Nidhi Dohre and another ), whereby the plaintiff's suit for the relief of mandatory injunction for directing the defendant No.2 Agrawal Associates (Promoters) Ltd, for executing the sale deed of the disputed property solely in favour of the plaintiff and for restraining the estranged wife-defendant No.1 from creating any hindrance, has been dismissed.
2. The appeal is admitted.
3. The factual matrix is that the plaintiff-appellant, Sachin Kumar, and defendant No.1, Smt. Nidhi Dohre, are husband and wife, whose marriage was solemnized on 14.0
Disputes pertaining to property rights between spouses fall under the exclusive jurisdiction of Family Courts, and judgments made by courts lacking inherent jurisdiction are nullities.
The Appellate Court should not interfere with a trial judge's discretion regarding injunctions unless the decision is arbitrary or perverse, especially in cases involving significant infrastructure p....
Property inherited after the Hindu Succession Act is treated as separate property, affirming a vendor's absolute right to sell without objections from family members.
Property inherited post-partition is categorized as separate property under Hindu law, thus allowing the vendor exclusive rights to sell without objections from the objectors.
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
The burden of proving property as joint family lies with the party asserting it, and executing courts must allow opportunity for evidence in objections regarding property ownership during execution p....
The property purchased by a Hindu husband in the name of his homemaker spouse is presumed to be joint family property, and the protection of such property from transferring to a third party is necess....
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