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2017 Supreme(Raj) 2742

ARUN BHANSALI
Dhema – Appellant
Versus
Rakesh – Respondent


Advocates Appeared:
Mr. G.S. Rathore Advocate, for the Appellants; Mr. S.M. Parihar Advocate, for the Respondents

JUDGMENT

Arun Bhansali, J. - This appeal has been filed by the appellant aggrieved against the order dated 25.10.2016 passed by the trial court, whereby the trial court found prima facie case in favour of the appellant and granted injunction against the respondents from transferring the suit property.

2.The suit was filed by the appellant seeking declaration of the sale deed as void and permanent and mandatory injunction against the defendants based on the facts that the suit property belonged to her father Jamna @ Jamnadas and her brother Bheekharam, without partition of the property, has transferred the same to defendant No.1-Rakesh. Based on the said submissions, the cancellation of sale deed and injunction was sought against the defendants.

3. Alongwith the suit, an application seeking injunction against the respondents from transferring the suit property and maintaining status quo was also filed.

4. A reply to the application was filed by the defendants, wherein it was specifically indicated that the land comprised in 3 Khasras were mutated in name of plaintiff herself after death of Jamna @ Jamnadas and that she herself has transferred the said property received from Jamna @ J

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