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1987 Supreme(Cal) 39

A.M.Bhattacharjee, A.K.Nayak
Phani Bhusan Dey – Appellant
Versus
Sudhamoyee Roy – Respondent


Advocates:
Advocate Appeared:
Asoke Kumar Sen Gupta, M.Palit

JUDGMENT

1. IN the suit giving rise to this appeal, the plaintiff/respondent no. 1 obtained an order of temporary injunction restraining the defendant no. 1/respondent no. 2 from transferring the suit-property or any part thereof to anyone in any manner. But It is alleged that while the aforesaid order of injunction was in operation, the defendant no. 1, in violation of the said order of injunction, executed a Deed of Sale in respect of the suit-property to and in favour of the defendant no. 2/appellant and that on the strength of such sale, the defendant no. 2 has now raised a construction on the suit-land.

2. THE plaintiff thereafter filed another application for injunction under Order 39, Rule 1 of the Code of Civil Procedure restraining the defendant no. 2 from obtaining electric connection to the newly constructed house till the disposal of the suit and such injunction was granted on 13. 8. 1985. The defendant no. 2 has thereafter filed an application under Order 39 Rule 4 read with Section 151 of the Code for having the aforesaid order of injunction discharged or varied and the said application having been dismissed, the defendant no. 2 has preferred this appeal. It is true th









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