2005 Supreme(Raj) 3240
KHEM CHAND SHARMA
Alwar Prakashan – Appellant
Versus
Devendra Gupta – Respondent
Advocates:
For the Appellants:Prakash Chandra Jain, Advocate.
For the Respondent:G.P. Sharma, Advocate.
JUDGMENT
1. - Since common question of law and facts are involved in all these appeals filed by the defendant-appellants arising out of the orders allowing the applications filed by the plaintiffs under Order 39, Rules 1 and 2, CPC therefore, they are being decided by this common judgment.
2. Briefly stated the facts of the case are that plaintiffs filed civil suits for recovery of loan amount against the defendants. Along with the suits, the plaintiffs also filed applications under Order 39 Rules 1 and 2, C.P.C. alleging therein that the defendants with a view to defrauding the creditors intend or threaten to dispose of the property and prayed to restrain the defendants from selling, mortgaging or alienating the property. The learned Trial Court, having found prima facie case, balance of convenience and irreparable loss in favour of the plaintiffs allowed the applications filed under Order 39 Rules 1 and 2, CPC vide different orders and granted temporary injunctions thereby restraining the defendants from selling, mortgaging, creating any charge and/or transferring in any manner any part of the property shown in the applications for temporary injunction.
3. The plaintiffs also filed
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