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SANJAYA KUMAR MISHRA
Maj. (Retd. ) Nidhi Singh – Appellant
Versus
Animesh Singh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Shri C.S. Rawat and Shri Yogesh Chandra Tiwari, learned counsel
For the Respondents: Shri Sanpreet Singh Ajmani, learned counsel

JUDGMENT

Sanjaya Kumar Mishra, J.—Appellant – plaintiff, a retired Army Personnel, has taken exception to the order 13.09.2021 passed by learned Civil Judge (Senior Division), Haldwani, District Nainital, in Original Suit No. 08 of 2021, thereby dismissing her application for interim injunction under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code” for brevity). Appellant-plaintiff, respondents - defendant nos. 1 and 3 are brother and sisters and they are the only surviving legal heirs of late Shri Hukum Singh. Shri Hukum Singh purchased a property from its previous owner Shri Ram Nath Satthi bearing Khata No. 00693, plot no. 691 GMe measuring 0.1080 hectares, plot no. 692 A measuring 0.3490 hectares, plot no. 693 G measuring 0.1580 hectares, total 0.6150 hectares on execution of a registered deed of sale dated 11.01.1984. He was delivered possession thereof in the year 2009. Father of the appellant – plaintiff gifted a piece of land to the plaintiff – appellant measuring 3850 sq. ft. through a registered gift deed with respect to plot no. 0.691 GMe. It was a self-acquired property of father of the appellant

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