Dismissed

Bhanwari Devi W/O Shri Ramgopal v. Santosh Devi W/O Shri Girdhari Lal

Rajasthan HC3 Apr 2019CMA/1361/2019

Case brief

AI extract

What is this about?

This appeal challenged the dismissal of an application for temporary injunction regarding a disputed gift deed. The High Court held that no ground for interference existed as the trial court correctly found no prima facie case and balance of convenience for the appellants at the evidence stage.

What did the court decide?

The High Court dismissed the S.B. Civil Miscellaneous Appeal.

Bhanwari Devi W/O Shri Ramgopal Vs… — Contract and Commercial Disputes | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 1361/2019

¶3

Bhanwari Devi W/o Shri Ramgopal, By Caste Saini Mali, R/o Ward No. 37, Ahead Of Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶4

Ramgopal S/o Late Shri Suraj Mal, By Caste Saini Mali, R/o Ward No. 37, Ahead Of Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶5

Govind S/o Shri Ramgopal, By Caste Saini Mali, R/o Ward No. 37, Ahead Of Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶6

Versus

¶7

Santosh Devi W/o Shri Girdhari Lal, By Caste Saini Mali, R/o Ward No. 37, Ahead Of Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶8

Sub Registrar, Registration And Stamp Department, Sikar. 3. State Of Rajasthan, Through District Collector, Sikar.

¶9

----Respondents

¶10

For Appellant(s) : Mr. Balkishan Saini Adv.

¶11

HON'BLE MRS. JUSTICE SABINA

¶12

Judgment / Order

¶13

03/04/2019

¶14

Appellants have filed this appeal challenging the order dated 19.01.2019, whereby, application moved by the appellants under Order 39 Rule 1 and 2 read with Section 151 Code of Civil Procedure, 1908, was dismissed.

¶15

Learned counsel for the appellants has submitted that parties are closely related to each other. In-fact, in a family settlement, six gift deeds were got executed from the appellants, whereas,

¶16

(2 of 2)

¶17

[CMA-1361/2019]

¶18

only two gift deeds were executed in favour of the appellants by the defendant No.1 and her husband. Hence, the appellants had filed the suit praying that the gift deed-in-question executed by them on 14.09.2016 be declared null and void.

¶19

Along with the suit, an application for Temporary Injunction was filed by the appellants.

¶20

At the stage of deciding the application for Temporary Injunction, the court is required to see as to whether prima-facie case or balance of convenience exists in favour of the plaintiff and it is further required to be seen that in case, the Temporary Injunction is not granted in favour of the plaintiff, he would suffer an irreparable loss.

¶21

In the present case, admittedly, appellants had executed gift deed-in-question in favour of the respondent No.1. Parties are yet to lead their evidence in support of their pleas. Hence, at this stage, there was no prima-facie case or balance of convenience in favour of the appellants for grant of relief of Temporary Injunction. Rather, in case Temporary Injunction is granted in favour of the appellants, respondent No.1 would suffer an irreparable loss as she would not be able to use the property-in-question in the manner she likes, although, she has become owner of the same in pursuance to the gift deed executed in her favour.

¶22

In the facts and circumstances of the present case, learned Trial Court had rightly dismissed the application moved by the appellants for relief of Temporary Injunction. No ground for interference by this Court is made out.

¶23

Dismissed.

¶24

(SABINA)J.

¶25

S.Kumawat-65

Bhanwari Devi W/O Shri Ramgopal v. Santosh Devi W/O Shri Girdhari Lal

Case brief

What is this about?

What did the court decide?

Bhanwari Devi W/O Shri Ramgopal v. Santosh Devi W/O Shri Girdhari Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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