PRATAP SINGH TANWAR vs PARAMJIT SINGH TANWAR & ORS.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 26th November 2024 Pronounced on: 21st February, 2025 + FAO 366/2024 & & CM APPL. 68859/2024 (stay) PRATAP SINGH TANWAR .....Appellant Through: Ms. Gita Dhingra and Mr. Amit, Advocates. versus PARAMJIT SINGH TANWAR & ORS. .....Respondents Through: Ms. Divya Kumar Kaushik, Advocate for R-1 to 3. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is an appeal against the order dated 19.11.2024, passed by the learned District Judge-03, Patiala House Courts in CS No. 4252/2024, titled “Pratap Singh Tanwar Vs. Paramjit Singh Tanwar & Ors.”, whereby, application under Order 39 Rule 1 & 2 CPC filed by the appellant seeking interim injunction was dismissed. 2. Appellant assailed the impugned order primarily on the ground that the learned Trial Court erred in dismissing the injunction application despite the existence of a registered Will dated 07.04.1997, executed by late Sh. Bhoop Singh Tanwar. The learned counsel for the appellant contends that the Will clearly bequeathed the Signature Not Verified Digitally Signed By:SUNITA KUMARI FAO 366/2024 Signing Date:01.03.2025 Page 1 of 6 12:41:49 Southern portion of the suit property bearing No. WZ-1571, Nangal Raya, New Delhi to him and the Sale Deed dated 30.08.2005 executed subsequent to in favour of respondent No. 2 is fraudulent, null and void. FACTUAL BACKGROUND: 3. The appellant, respondent No. 1 and respondent no. 5 are the real brothers, while respondent No. 2 is the wife of respondent No. 1. 4. The suit property was originally owned by late Sh. Bhoop Singh Tanwar, who passed away on 24.07.2006, leaving behind his widow, sons (appellant, respondent No. 1 and respondent no. 5) and two daughters as his legal heirs. 5. During his lifetime