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2000 Supreme(Del) 442

VIKRAMAJIT SEN
VINITA SHARMA – Appellant
Versus
ROHIT SRIPAT SINGH – Respondent


Advocates Appeared:
K.L.SHARMA, Rahul Sripat Singh, RAJIV TALVAR

Vikramajit Sen

( 1 ) THE reliefs prayed for in the present suit for partition and rendition of accounts is in respect of Apartment No. L-6, (First Floor), Chitranjan Park, New Delhi and Apartment No. 707, Vardhman Apartments, Mayur Vihar Extension, New Delhi. A permanent injunction restraining the defendant from transferring, alienating, disposing off or encumbering them the suit property in any manner whatsoever has been prayed for. Because of the view taken by me, I do not propose to go into the facts in detail. Suffice it to say that the suit has been instituted because of a marital discord between the parties. An interim injunction was granted on 25. 2. 1997 when the suit came up for hearing on the first occasion. As recorded in the order dated 8. 8. 1997 there is no dispute between the parties that the property is in their joint names. The defendant has filed an application for vacation of the exparte ad interim injunction under Order XXXIX, Rule 4 of the Code of Civil Procedure. Various grounds have been raised including an objection that the suit is not maintainable because of the previous filing and pending of two suits in the District Court, bearing No. S. 57/1997 and S. 58










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