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2013 Supreme(Raj) 172

BELA M.TRIVEDI
Rajeshwer Shankar Choudhary @ Rajesh Choudhary – Appellant
Versus
Shiv Shankar Choudhary – Respondent


Advocates Appeared
S.R. Surana, Senior Counsel assisted by Sanjay Yadav & A.K. Choudhary, for Appellants;
J.M. Saxena, for Respondent No.1 & 2;
K.N. Bhatt, for Respondent Nos.3 to 6

Hon'ble TRIVEDI, J.—With the consent of the learned counsels for the parties the appeal is being decided finally at the admission stage.

2. The present appeal has been filed under Order XLIII Rule 1 of CPC challenging the order dated 21.02.2013 passed by the Additional District Judge No.13, Jaipur Metropolitan (hereinafter referred to as “the trial court”) in Civil Misc. Case No.281/2012, whereby the trial court has dismissed the application of the appellants-plaintiffs seeking temporary injunction in respect of the plot in question, pending the suit.

3. It appears that the present plaintiffs have filed the suit against the respondents-defendants seeking cancellation of the sale deed dated 28.09.2012 executed by the defendant Nos.1 & 2 in favour of the defendant Nos.7 to 9, and seeking the possession of the disputed plot No.A-1 and for permanent injunction restraining the defendants from putting up any construction on the said plot and from transferring or alienating or creating any third party interest in the said plot. Pending the suit, the appellants-plaintiffs had filed the application seeking temporary injunction of similar nature which was registered as Civil Misc. Case No.281/






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