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2013 Supreme(Del) 1516

M.L.MEHTA
Dipta Ganguly – Appellant
Versus
Roopak Bhattarcharjee – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. P.K. Maitra and Mr. Anand Bharti, Advocates
For Respondents/Defendant:Mr. Arjun Mitra, Advocate for the Defendants Nos. 1 and 2 and Mr. Rahul Gupta, Mr. S. Gupta and Mr.Pulkit, Advocates for the Defendant No. 3

ORDER

M.L. Mehta, J.

IA 18163/2013 (under Order 7 Rule 11(a) and (d) read with Section 151, CPC filed on behalf of the defendant Nos. 1 and 2) Counsel appearing for the defendant Nos. 1 and 2 seeks permission to withdraw this application.

Heard Allowed.

The application is accordingly dismissed as withdrawn.

IA 16049/2013 (under Order 7 Rule 11, CPC filed on behalf of defendant No. 3), IA 16050/2013 (under Order 39 Rule 4, CPC filed on behalf of the defendant No. 3) and IA 12612/2013 (under Order 39 Rules 1 and 2, CPC filed on behalf of the plaintiff)

1. Pleadings in the applications are complete. In the application being IA 12612/2013 filed by the plaintiff, an interim order was passed on 12.8.2013 to the effect that all the parties are restrained from creating any third party interest in the suit property. The defendant No. 3 has filed aforementioned applications, one being under Order 39 Rule 4, CPC for vacation of the aforesaid interim order and the second being, under Order 7 Rule 11, CPC for rejection of the plaint, alleging the same to be devoid of cause of action, and not maintainable as per the law.

2. The arguments have been heard on all the three applications together.

3. The pla












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