JUDGMENT - D.D. SINHA, J.:---Heard Shri Deo, the learned Counsel for the applicant, and Shri Gilda, the learned Counsel for the non-applicant No. 1. None appears for the non-applicant Nos. 2 and 3, though served.

2.The present applicant/original plaintiff filed Regular Civil Suit No. 40/96 for declaration that the agreement of sale dated 2-2-1996 in between original defendant No. 1 and defendant Nos. 2 and 3 in respect of joint family property, i.e. house bearing Nos. 80, 80/1 to 80/ 4 and open space as well as residential house of the plaintiff is illegal and not binding on any member of the joint family. The suit is also for permanent injunction restraining non-applicant/defendant No. 1 from evicting the plaintiff and his wife and children from the residential place. The applicant had also filed an application for temporary injunction (Exh. 5) before the trial Court and the 2nd Joint Civil Judge, Junior Division vide order dated 31-8-1996 partly allowed the application (Exh. 5) and the non-applicant No. 1 was restrained from selling the suit house to other defendants or anybody else pending civil suit. The non-applicant No. 1 being aggrieved by the above referred order passed

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