Himachal Pradesh High Court
Nirmala Devi vs . Om Prakash on 23 August, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
RSA No. 142 of 2020.
23.08.2022 Present: Mr. Divya Raj Singh, Advocate, for the appellant.
Mr. Ajay Singh Kashyap, Advocate, for the respondent.
CMP No. 5625 of 2020.
r By way of this application, a prayer has been made to restrain the non-applicant/respondent from dispossessing, changing the nature, raising construction, alienating and encumbering the suit land till the decision of the appeal.
2. The grievance of the applicant is that a registered gift deed dated 17.01.1978 is illegal, null and void and not binding upon her rights. The applicant/plaintiff has claimed right to the suit land being the natural heir of late Smt. Durgu Devi. Though, the applicant/plaintiff has lost in both the courts below, but the instant appeal has been admitted on 31.08.2020 on following substantial question of law:-
"Whether the impugned judgments are vitiated on account if misinterpretation, misconstruction and misreading of oral as well as documentary evidence on record, more particularly, the evidence with respect to the gift deed, resulting the perversity in the impugned judgments?"
3. Since, the instant appeal stands already admitted for hearing, the denial of interim injunction in favour of applicant/plaintiff may lead to multiplicity of litigation, ::: Downloaded on - 23/08/2022 20:04:53 :::CIS besides she being put to irreparable loss and injury. From .
the perusal of record, a prima facie case is made out in favour of the applicant/plaintiff.
4. Accordingly, interim order dated 06.07.2020 in the instant application is made absolute till the final disposal of the main appeal. The application stands disposed of.
RSA No. 142 of 2020.
rList for hearing in due course.
(Satyen Vaidya) Judge.
23rd August, 2022.
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