1971 Supreme(Del) 195
PRAKASH NARAIN
SHASHI KAPUR – Appellant
Versus
SUBHASH KAPOOR – Respondent
Advocates Appeared:
M.L.Mehra, RADHEY MOHAN LAL, RAMAMURTHY
( 1 ) THE plaintiff-applicant has filed Suit No. 173 of 1971 against his father, brothers and one C. S. Loganathan, seeking a declaration that House No. 3. Friends Colony, New Delhi is the joint Hindu family property of the joint Hindu family constituted by the plaintiff. his father, and his two brothers and the decree passed by this court in Suit No. 506 of 1968 on 26-5-1969 (Delhi) in the suit styled as C. S. Loganathan v. P. L. Kapur for transfer of the property in suit is not binding on the plaintiff and the plaintiff cannot be dispossessed in execution of the said decree in execution case No. 14 of 1971 or any other execution case. In this suit the plaintiff-applicant has also moved I. A. 749 of 1971 and also I. A. 936/71 under Order 39, Rule 1 and 2 and Section 151. Civil Procedure Code for the issue of an interim injunction against C. S. Loganathan defendant No. 4 restraining him from dispossessing the plaintiff in any manner from House No. 3. Friends Colony. New Delhi till the decision of the suit.
( 2 ) MY Brother Prithvi Raj, J. admitted the suit on 3-5-1971 and ordered summons to the defendants. On the interim applications he issued notice to defendant No. 4 and in the m
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