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2015 Supreme(Pat) 1065

SHIVAJI PANDEY
Dular Chand Sah – Appellant
Versus
Devnath Sah – Respondent


Advocate Appeared:
For the Appellants :Mr. Pushkar Narain Shahi, Sr. Advocate, Mr. Sanjeet Kumar Singh, Advocate, Mr. Atal Bihar Pandey, Advocate.
For the Respondents:Mr. Jitendra Kishore Verma, Mr. Anjani Kumar, Advocates.

JUDGMENT :

Heard the parties.

2. In the present appeal the appellants are challenging the order dated 15.3.2013 passed by the 7th Sub-ordinate Judge, Bhojpur at Ara in Title Suit No.977 of 2012 by which he has rejected the injunction petition filed on behalf of the appellants under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for restraining the defendants Ist party and 6th party i.e. respondent Ist set and 4th set from alienating the suit property and also from making any construction thereupon.

3. Plaintiffs are the appellants who have filed Title Suit No.977 of 2012 for confirmation of family arrangement dated 10.12.1956 declaring the sale deed dated 14.11.2012 executed by defendant Ist party in favour of defendant 6th party in respect of the suit property described in Schedule “Ga” of the plaint to be illegal conferring no right, title and interest on the vendee, also for partition of the property described in Schedule “Kha” of the plaint in between the plaintiffs and defendant 4th party besides certain other reliefs.

4. It appears from the plaint that Bhajan Sah was the common ancestor of defendant Ist party and defendant IVth party. He had four sons












































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