SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Chh) 295

DHIRENDRA MISHRA, R.N.CHANDRAKAR
MAHESH KUMAR AGRAWAL – Appellant
Versus
DINESH KUMAR CHOUKSEY – Respondent


Advocates appeared:
Mr. Ali Asgar, Advocate, for the Appellants.
Mr. Prashant Mishra, Senior Advocate with Mr.Varuendra Mishra, Advocate, for the Respondent No.1.
Mr. Sanjay K. Agarwal, Advocate with Mr. Saurabh Sharma, Advocate, for the Respondent No.2.
Mr. Manoj Paranjpe, Advocate, for the Respondents No.3 to 5.
Mr. Ashish Shukla, Government Advocate, for the Respondent No.6.

JUDGMENT

As per Hon'ble Shri Dhirendra Mishra, J. :-

1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 (for short 'CPC') is directed against the order dated 25.9.2009 passed in Civil Suit No.5A/2009 whereby the learned 8th Additional District Judge, Bilaspur allowing two separate applications, one preferred by respondent No.2 and another preferred by respondents No.3 to 5, under Order 7 Rule 11 of CPC has dismissed the suit of the appellants.

2. The parties to this appeal shall be referred hereinafter as per their status before the trial court.

3. Briefly stated, facts of the case are that on 17.3.2008 the plaintiffs filed a civil suit and prayed for issuance of perpetual injunction against the defendat1ts No.2 to 5 that they should not create any hindrance either personally or with the help of others in obtaining possession by the plaintiffs from the defendant No.1 and further, they be restrained from transferring the suit land in favour of any other person. Defendant No.1 filed written statement on 23.4.2008, whereas defendants No.3 to 5 filed their written statement on 18.6.2008. During the pendency of the suit, on 22.12.2008 the plaintiffs filed an applicat

























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top