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2016 Supreme(Chh) 394

CHANDRA BHUSHAN BAJPAI
Shiv Kumar Sahu S/o Shri Dau Lal Sahu – Appellant
Versus
M. Khalil Ullah S/o Late Shri M. Kali Mullah – Respondent


Advocates Appeared:
For the Petitioners:Shri Yogesh Chandra Pandey, Advocate.
For the Respondent:Shri S.C. Khakhariya, Deputy Advocate General, on advance copy.

JUDGMENT :

Chandra Bhushan Bajpai, J.

Heard the matter on admission.

2. Brief facts required for adjudication of the instant WP(227) are that Civil Suit No. 52A/12 is pending before the IVth Civil Judge Class-II, Raipur, C.G. wherein on an application filed under Order 39, Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short 'the Code') the trial Court vide order dated 18-01-2013 allowed the said interim application and directed defendants 2, 3 and 4 to not to transfer the suit land in favour of anybody, by way of temporary injunction till disposal of the civil suit. Against the said order defendants 2, 3 and 4/petitioners preferred Misc. Civil Appeal No. 7/2013 under Order 43, Rule 1 of the Code. The District Judge, Raipur, C.G. vide order dated 13-08-2014 affirmed the order passed by the trial Court dated 18-01-2013 and ordered that the appellants/defendants 2, 3 and 4 shall not dispose of the suit property as mentioned in para 1 of the temporary injunction application (Annexure-P/1) and also two storied house bearing No. 173 of the Municipal Corporation situated at Bairan Bazar by any of the medium and kept the order passed by the trial Court as it is.













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