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1998 Supreme(Del) 724

K.S.GUPTA
R. K. APARTMENTS PRIVATE LIMITED – Appellant
Versus
ARUNA BAHREE – Respondent


K. S. Gupta, J.

( 1 ) THIS appeal by defendants 1 and 2 is directed against an order dated November 17, 1994 of the learned Single Judge allowing IA 967/93, dismissing IA 2127/93 and confirming the ex-parte injunction order passed in IA No. 967/93 on January 27, 1993.

( 2 ) SUIT was filed, inter alia, alleging that the land measuring 11 Bighas and 10 Biswas in Village Kharera now forming part of Hauz Khas was purchased by plaintiffs 2,3,7 and Mrs. Prakash Bhandari, predecessor-in-interest of plaintiff No. 1 from Mirza Ayub Beg under separate sale deeds, all dated March 22, 1957. Sale deeds in favour of plaintiffs 2 and 7 were for 2 Bighas and 17 Biswas each while favouring plaintiff No. 3 and Mrs. Prakash Bhandari for 2 Bighas and 18 Biswas each. Mrs. Prakash Bhandari gifted her share in the land to her daughter, plaintiff No. 1 under a registered gift deed dated January 28, 1970. There had been dispute between the plaintiff No. 1, her son Vidur Bahree, defendant No. 3 and her brother Deepak Bhandari, defendant No. 4 about the land and that was referred to arbitration under the agreement dated March 27, 1989. By the award dated March 31, 1990, plaintiff No. 1, defendants 3 and 4 we




























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