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2001 Supreme(Raj) 983

ARUN MADAN
Surendra Kumar Baid – Appellant
Versus
Rajendra Kumar Baid – Respondent


Advocates Appeared:
G.C. Garg and Alok Garg, for the Appellant
B .L. Agrawal, for the Respondents

Judgment

Arun Madan, J.-Surendra Kumar Baid, appellant herein who is defendant in the suit filed by Rajendra Kumar Baid the, plaintiff-respondent herein the challenged the order dated 210.99 (impugned in the appeal) passed by Addl. District & Sessions Judge No. 2 Jaipur in Civil Misc. Application No. 70/98 (12 1/98) whereby the application under Order 39 Rules 1 & 2 CPC filed by the plaintiff for granting interim injunction was allowed

2. The plaintitf filed a suit for Specific Performance of the agreement dated 112.1983 executed with the defendant-appellant regarding an immovable properly, for recovery of its maintenance charges and permanent injunction in the Court of District Judge, Jaipur City, Jaipur on 30.7.98. Alongwith the plaint an application for grant of temporary injunction under Order 39 Rules 1 & 2 CPC was also filed. The said application was allowed by the trial Court vide order dated 210.99 (impugned) restraining the defendant not to transfer, alienate or dispose of the property in dispute pending hearing and final disposal of the suit. The relief sought for in the suit was for specific performance of the agreement in question for sale consideration of Rs. 40,000/
































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