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2017 Supreme(SC) 881

ARUN MISHRA, AMITAVA ROY
Dev Prakash – Appellant
Versus
Indira – Respondent


Advocates Appeared:
For the Petitioners: Mr. H.D. Thanvi, Ms. Ishita J. and Mr. Rishi Matoliya.
For the Respondents: Mr. Avneesh Garg, Mr. P. V. Saravana Raja and Mr. Bhupendra Sharma.

ORDER :

1. Leave granted.

2. The appellants, who filed appeals in the High Court against the orders passed by the Trial Court granting temporary injunction and appointing a receiver qua the property involved, on interim applications filed by the respondents in their pending suit, have sought refuge of this Court under Article 136 of the Constitution of India, being aggrieved by the order directing sale of the subject-matter of suit by public auction. The appeals, before the High Court, are however pending.

3. We have heard Mr. H.D. Thanvi, learned counsel for the appellants and Mr. Avneesh Garg, learned counsel for the respondents.

4. Having regard to the issue demanding scrutiny, it would be inessential to dilate too much on facts. Suffice it to mention that the parties, who are locked in a series of litigation, are the heirs of a common ancestor i.e. Kodu Ram. The respondents, who are the heirs of late Prabhu Dayal, had filed a suit being Civil Case No. 15 of 2015 in the court of District Judge, Bikaner praying for a decree, inter-alia, for a declaration that the suit property being the assets of a partnership firm M/s. Chand Ratan Hira Lal is of their predecessor late Prabhu Dayal a
















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