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2012 Supreme(Raj) 1610

VINEET KOTHARI
Chopasani Shikshan Samiti – Appellant
Versus
Narayan Singh and Anr – Respondent


For the Appellant:Ajitabh Acharya, Advocate.
For the Respondent:K.N. Vyas and Sumit Mehta, Advocates.

JUDGMENT

1. - This appeal is directed against the order dated 6.7.2011 passed by the learned Additional Dist. Judge (Fast Track) No.2, Jodhpur Metropolitan in Civil Original Suit No.9/2010 - Narayan Singh v. Raghuvansh Vidhyapeeth and anr. whereby the application filed by the defendant No.2 - appellant Chopasani Shikshan Samiti under Order 39 Rule 4 C.P.C. read with Section 151 C.P.C. came to be rejected by the learned trial Court.

2. The original temporary injunction was granted by the learned trial Court vide order dated 17.4.2010 in the present suit filed by the respondent - plaintiff Narayan Singh for cancellation of gift deed, by agreement between both the parties to the extent that defendants Raghuvansh Vidhyapeeth and Chopasani Shikshan Samiti shall not further alienate the suit property and will also maintain status quo with respect to suit property.

3. The defendant Chopasani Shikshan Samiti filed an application under Order 39 Rule 4 C.P.C. to the extent that there was no agreement between the parties about grant of status quo order and only agreement was with respect to non-alienation of the suit property further. The learned trial Court rejected the said application under






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