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1992 Supreme(Del) 493

D.K.JAIN
RATTAN LAL SAHDEV – Appellant
Versus
KRISHAN KUMAR – Respondent


Advocates Appeared:
H.C.Sukhija, K.B.ROHTAGI, S.P.AGARWAL

D. K. Jain, J.

( 1 ) THE plaintiff his filed the present suit for partitionand separation of his 1/4th share in the immoveable property bearing No. 3,netaji Subhash Marg, Darya Ganj, New Delhi after the respective shares ofthe plaintiff and defendants Nos. 1 to 4 have been defined and determined.

( 2 ) ALONG with the suit, the plaintiff filed an application, being 1. A. No. 1538/89, under order 39 Rules 1 and 2 read with Section 151 of the Codeof Civil Procedure for grant of ad-interim injunction in his favour. On thesaid application, an ex-parte ad-interim injunction order was passed on 23/02/1989, whereby the defendants were restrained from making anyalteration, selling, mortgaging, disposing or parting with possession and lettingout any part of the property in question. On being served with the notice inthe application, defendants Nos. 2 and 3 moved an application being I. A. No. 1788/90, under order 39 Rule 4 read with Section 151 Civil Procedure Code for vacation ofthe said ex-parte injunction order. This order will dispose of both the aforesaidapplications.

( 3 ) THE plaintiff claims that by virtue of two registered sale deedsdated 27/01/1967 and 4/08/1970 in respect of l/4th










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