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2021 Supreme(Chh) 351

DEEPAK KUMAR TIWARI
Vikas Agrawal – Appellant
Versus
N. Manjula Aiyyar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ratnesh Agrawal, Adv.
For the Respondent: Mr. Lalit Paswan, Mr. D.C. Verma, Govt. Adv.

JUDGMENT :

Heard.

1. This appeal has been preferred under Order 43 Rule1 (r) of the Code of Civil Procedure 1908 (henceforth ‘the CPC’) against the order dated 15/01/2021 in Civil Suit No. 39-A/2020 passed by the 5th Additional District Judge, Bilaspur in the matter of Smt. N. Manjula Aiyyar v. Vikas Agrawal and others, wherein the application filed by respondent No.1/plaintiff under Order 39 Rule 1 & 2 read with Section 151 of the CPC has been allowed and injunction order has been passed against the appellants.

2. Facts of the case in brief are that respondent No.1/plaintiff filed a civil suit for declaration of title and permanent injunction, wherein it was mentioned that part of land bearing Khasara No. 2219/2, admeasuring area 0.52 acre situated at Village Sendri, Tahsil and District Bilaspur recorded in the name of respondent No.1/plaintiff and defendant No.3. On the basis of fraud, the appellants/defendant Nos. 1 & 2 obtained power of attorney from respondent No.1/plaintiff and defendant No. 3 in respect of the suit land, and thereafter got sale-deed executed on 10/12/2019 without consideration of their names. Therefore, the sale-deed is not binding upon the respondent No.1/plai

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