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2024 Supreme(Pat) 11

KHATIM REZA
Ramesh Kumar Singh – Appellant
Versus
Lalan Prasad Singh – Respondent


Advocates appeared:
For the Appellant : M/s Radha Mohan Pandey, Chandrashekhar Verma.
For the Respondents: M/s Rajendra Narayan, Sr. Adv., Nikhil Kumar Agrawal, Aditi Hansaria, Yash Sahaj.

ORDER

This Miscellaneous Appeal has been filed against the judgment and order dated 21.12.2021 passed by the learned Sub-Judge-V, Civil Court, Danapur, Patna in Title Suit No. 300 of 2019, whereby the learned trial court has rejected the injunction petition filed by the plaintiff/appellant under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure.

2. The plaintiff-appellant filed injunction petition for restraining the respondent 1st set and 5th set from making construction or creating any third party interest over the land situated at Gola Road described in schedule-C, which is part of Schedule-B, of the plaint.

3. The plaintiff-appellant filed Title Suit No. 300 of 2019 in the Court of Sub-Judge 5th Danapur, Patna for declaring the registered gift deed dated 08.04.2015, 20.09.2019 and 12.08.2015 as described in Schedule-C as null and void and not binding upon the plaintiff and thereafter the same be treated as partable land being part of Schedule-C, and also for declaring the registered development agreement dated 29.04.2016 executed by defendant 1st set in favour of builder defendant 5th set as null and void and not binding upon the plaintiff as described in

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