J U D G M E N T

Defendant in a suit for cancellation of a deed and other reliefs is the appellant. Suit was filed by the sister of appellant challenging revocation of a gift deed executed in her favour 17 years before by her brother – the defendant. Suit after trial was dismissed. Against the dismissal of suit, plaintiff preferred an appeal in which she moved an application for an interim injunction against respondent/defendant. Negativing the objections raised by defendant the first appellate court has allowed the application granting the appellant the discretionary relief canvassed. That order is challenged in the present appeal.

2. Some of the findings/observations made by the court below in its order are factually incorrect and misconstruing of facts involved in the case has resulted in allowing of the application for injunction, is the submission of learned counsel for the appellant. The court below has proceeded on the premise that in the counter filed to the application defendant admitted possession of plaint property with the plaintiff and also that there was an order of interim injunction in force till disposal of the suit passed by the trial court. Both circumstances as ab