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2008 Supreme(Del) 361

PRADEEP NANDRAJOG
Bhim Singh – Appellant
Versus
Amar Nath – Respondent


Advocates appeared
Mr.Aly Mirza, Adv.
Mr.Ravi Gupta, Adv. and Mr.Ankit Jain, Adv.

Judgment

PRADEEP NANDRAJOG, J.

1. The petitioner had filed a suit for specific performance of an agreement to sell dated 13.12.1988 executed between the plaintiff and respondents No.2 to 6 pertaining to 14 bigha and 5 biswa of land in the revenue estate of Village Bakoli. In said suit an ex-parte ad-interim injunction was issued in favour of the petitioner and against respondents No.2 to 6 restraining them from transferring, encumbering or parting with possession of the suit land till the next date. The said interim order was extended from time to time and continues to enure in favour of the petitioner. Notwithstanding the order prohibiting respondents No.2 to 6 from selling the land in question they sold the land to respondent No.1, Amar Nath, by a registered sale deed on 30.6.1997. According to Amar Nath when he applied to the Consolidation Authority for mutating the land in his name on 27.8.2003 he was informed of the Court injunction and a refusal by the revenue authorities to mutate the suit land in his name. Accordingly, he filed an application under Order 1 Rule 10 CPC for being impleaded as a defendant in the suit. The said application was allowed vide order dated 16.10.2003

























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