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2018 Supreme(Raj) 982

ALOK SHARMA
Santosh Boobna Son of Bhagwati Prasad Boobna – Appellant
Versus
Ramavtar Kandoi – Respondent


Advocates:
Advocate Appeared:
M.M. Ranjan, Arun Singh Shekhawat, Pancham Surana, G.S. Shekhawat

JUDGMENT :

Alok Sharma, J.

Under challenge by the petitioner-defendant (hereafter 'the defendant') is the order dated 11-9-2017 passed by the District Judge Jhunjhunu (hereafter 'the Appellate court') in Civil Miscellaneous Appeal No.34/2017, upsetting and setting aside the order dated 20-5-2017 passed by Senior Civil Judge Nawalgarh, Jhunjhunu (hereafter 'the trial court') in case No.51/2013, dismissing the application under Order 39 Rules 1 & 2 CPC for temporary injunction filed by respondents-plaintiffs (hereafter 'the plaintiffs') and instead restraining the defendant from raising any construction for the purpose of commercial use in the west side of the suit property i.e. haveli of Boobna as also from opening any access from the shop constructed to a common "chowk". The facts of the case are that the plaintiff filed a civil suit for mandatory, permanent injunction and cancellation of sale-deed dated 11-5-2011-where the petitioner-defendant (hereafter 'the defendant') was the vendee-to the extent of land measuring 10.6 X 25 (hereafter 'suit land') and for cancellation of the permission granted therefor by the local competent authority to raise commercial construction thereon. Als















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