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