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2008 Supreme(Pat) 1472

S.C.JHA
Jagat Narayan Nayak – Appellant
Versus
Karmnath Singh Thakur – Respondent


Judgment

1. Heard learned counsel for the appellant.

2. Nobody appears for the respondents.

3. This appeal is directed against the order dated 7.10.2002 passed by the learned Subordinate Judge-Ill, Darbhanga, in Title Suit No. 5/2001, whereby the prayer made on behalf of the plaintiffs-appellants to restrain the defendants from transferring the suit premises to different persons as also for maintaining status quo till disposal of the suit, has been rejected.

4. Title Suit No. 5/2001 was filed for specific performance of contract as well as for permanent injunction. The defendants are in collusion with each others and the defendants in order to harass and put to wrongful loss to the plaintiffs are contemplating by negotiating to different persons to transfer the suit premises inclusive of movables and immovable properties during the pendency of the suit. It has been alleged that defendant nos. 2 and 3 received Rs. 14,50,000/- (Fourteen lacs and fifty thousand) as advance towards the consideration amount for sale of the suit premises from plaintiff nos. 1 to 3.

5. So, it is the case of the plaintiffs that on both the grounds balance of convenience lies in their favour and in case the



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