Advocates:
['ANIL ANTHWAL', '', 'NITIN SINGH', 'BHUPENDRA SINGH', '', 'SANPREET SINGH AJMANI']

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Appeal from Order No. 225 of 2021

Maj. (Retd.) Nidhi Singh . ......…......Appellant.

Through: Shri C.S. Rawat and Shri Yogesh

Chandra Tiwari, learned counsel for the

appellant.

-Versus-

Sri Animesh Singh

and others. ……...Respondents.

Through: Shri Sanpreet Singh Ajmani, learned

counsel for the respondents.

Dates of Hearing: 17.12.2021, 29.06.2022 & 01.07.2022

Date of Judgment : 24.09.2022

Shri Sanjaya Kumar Mishra, J.

1.

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

S