Appeal against dismissal of interim injunction application in a partition suit founded on alleged adoption. High Court held no prima facie case of adoption was shown absent adoption deed or proof of giving and taking ceremony, and dismissed the appeal without prejudice to trial rights.
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GARIMA DATTA .....Appellant Through: Mr. Jai Ram Garg, Adv. versus
JAGTAR SINGH DATTA AND ANR .....Respondents Through: Mr. Aditya Jain and Mr. Satyam Shivaach, Advs.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA O R D E R % 24.03.2025
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were religious ceremonies performed contemplating giving and taking of her adoption.
“8. I have heard the rival submissions of the parties and perused the relevant record. In totality of the circumstances, it prima facie appears that there is no adoption in favour of plaintiff. Though, the name of defendant no.l is mentioned in educational documents of the plaintiff as her father, it will at best show that plaintiff was living with defendant no.l and Smt. Amita Datta. The marriage card and priest note will show that that plaintiff was living with Smt. Amita Datta but for the purposes of succession to properties of Smt. Amita Datta, it has to be prima facie be shown by the plaintiff that she was adopted by defendant no.l and Smt. Amita Datta. Whether plaintiff shall be entitled to partition, possession and permanent injunction requires investigation and decision on merits. The argument by the Ld. Counsel for the plaintiff that no suit for declaration has been filed by the defendants for declaring documents in favour of plaintiff as null and void does not hold much water as it is for the plaintiff to prima facie show that she was duly adopted. No such prima facie evidence to the satisfaction of the court has been shown on record at this stage.
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Order XXXIX Rule 1 and 2 CPC.
DHARMESH SHARMA, J.
MARCH 24, 2025/ gunn/Sa
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2 issues framed by the court
Whether the trial court erred in dismissing the plaintiff's application under Order XXXIX Rules 1 and 2 CPC for interim relief in a partition suit based on an alleged adoption.
Whether the appellant made out a prima facie case of adoption entitling her to interim protection.
3 provisions across 2 enactments
Garima Datta
Jagtar Singh Datta
Dharmesh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
