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2008 Supreme(Del) 750

MANMOHAN SINGH, MADAN B.LOKUR
Sanjeev Narang – Appellant
Versus
Prism Buildcon Pvt. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Amit Sibal, Rajneesh Chopra and Divya Jain, Advs.
For Respondents/Defendant: Sudhanshu Batra and Bhuvan Gaunani, Advs.

JUDGMENT

Manmohan Singh, J.

1. This is an appeal under Order XLIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 against an order dated 24th April, 2008 passed by the learned Single Judge of this Court in IA No. 1475/2008 and LA. No. 4010/2008 in CS (OS) No. 220/2008 whereby the Appellants application for restraining the defendants from selling, transferring, alienating, encumbering, executing/ registering or otherwise parting with possession of property bearing Khewat/Khata/Khasra No. 66,67,70,71,115, 116, 149 which is approximately 03.02 bighas and KheWat/Khata/Khasra No. 113/465, 134, 135, 138, 139, 140, 141, 142/463, 257/464 total admeasuring 19.78 bighas situated in the Revenue Estate of Village: Lamaye Meval, Patwar Area: Sirohi, Tehsil: Ajmer, District: Jaipur (Rajasthan)(hereinafter referred to as the osuit propertyo) was dismissed and Respondents application under Order XXXIX Rule 4 for vacation of ad interim injunction was allowed.

2. In the plaint, it was submitted by the Appellant (Plaintiff in Suit No. 220/2008) that under assurances and representations made by the Respondent regarding the suit property, the Appellant vide an agreement to sell dated















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