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DELHI HIGH COURT
C.HARI SHANKAR
Anil Kumar Seth – Appellant
Versus
Lalit Kumar Seth – Respondent
| Table of Content |
|---|
| 1. overview of the suit and parties (Para 1 , 2 , 3) |
| 2. details of prior suit and decree (Para 4 , 5 , 6) |
| 3. rights concerning suit property outlined (Para 7 , 8 , 9 , 10) |
| 4. discussion on the need for ex parte injunction (Para 12 , 22 , 24) |
| 5. supervisory jurisdiction scope discussed (Para 13 , 14 , 16 , 19) |
| 6. limits on appellate interference established (Para 15 , 17 , 18) |
| 7. evaluation of construction on suit property (Para 26 , 27 , 28) |
| 8. conclusion and dismissal of the petition (Para 31 , 32 , 33 , 34 , 35) |
1. The impugned order, dated 4th April, 2022, passed by the learned Additional District Judge-01 ("the learned ADJ") has issued summons on CS 234/2022 and notice in the application filed in the said suit under Order XXXIX Rules 1 and 2 of the Code of Civil Procedures, 1908 (CPC), returnable on 19th July, 2022.
2. The petitioners are the plaintiffs, and the respondent is the defendant, in the said suit. The petitioners are aggrieved by the fact that the learned ADJ did not grant ex-parte ad interim injunction, as sought by the petitioner.
3. The suit relates to a property situated at H-17, Maharani Bagh, New Delhi. The plaintiffs are in posses
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