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2015 Supreme(Del) 1724

RAJIV SHAKDHER
RAJ KUMAR AGGARWAL – Appellant
Versus
ROSHAN JAHAN BEGAM – Respondent


Advocates:
Advocate Appeared:
Ms. Ashu Arora, Adv.
Mr. Z.A. Khan and Mr. R. Haider Ali, Advs. for R1.
Mr. Santosh Kumar Tripathi, ASC for GNCTD with Mr. G.S. Meena and Mr. Subodh Kumar with records.

ORDER

1. This is an appeal preferred against the judgment and order dated 3.10.2013 and 23.4.2014.

2. By virtue of the first order, i.e. order dated 3.10.2013, the trial court disposed of the application filed by respondent No.1/plaintiff filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure,1908 (in short the CPC). The operative directions issued by the trial court in the order dated 3.10.2013 were to the effect that the defendants in the suit, which included the appellant/defendant No.1, were restrained from alienating, parting with possession and/or creating third party interest in the suit property. This order of injunction also operates qua the legal heirs, agents, assignees and representatives of the defendants including the appellant/defendant No.1. Order dated 3.10.2013 was predicated on the fact that the suit property was earlier owned by Late Tamoor Jahan Begum who had bequeathed the suit property to respondents/plaintiffs vide Will dated 30.8.1984.

3. A perusal of the order also shows that the trial court observed in paragraph 6 of its order that the suit property fell in Khasra No.1665, which after lapse of time, was changed to Khasra No.1151/3.

4. The appell





























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