2013 Supreme(Raj) 1742
GOVIND MATHUR
Dhanna Ram – Appellant
Versus
Jairoop Ram – Respondent
Advocates:
For the Petitioner:Teja Ram Choudhary, Advocate.
For the Respondents:N.R. Choudhary, Advocate.
JUDGMENT
1. - Defendant respondent No. 1 Jairoop Ram preferred a suit for specific performance on basis of a receipt dated 27.6.1994. An application to have temporary injunction is also preferred by him with a prayer that the defendants be restrained from causing any kind of hindrance with the rights of the plaintiff in suit property and further they be restrained from causing any kind of interference, breakage etc. in the suit property.
2. In reply to the application the plaintiff petitioner came with the case that he is having possession over the suit property and in revenue records the same is entered in his name. He also denied possession of the plaintiff over the suit property. An application then was filed by the plaintiff respondent before the trial court as per provisions of Order 39, Rule 7 read with Section 151 Code of Civil Procedure to authorise a person to enter upon the suit property to obtain full information about possession on that. Learned trial court by order dated 30.4.2013 accepted the application with a direction for appointment of Commissioner to inspect the site after-2- informing the parties and further to produce a site map before the court. Being aggrieved
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