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2024 Supreme(Raj) 337

MANOJ KUMAR GARG
Jain Swetamwar Sangh Dhamotar – Appellant
Versus
Gajendra Singh S/o Shri Dayal Singh – Respondent


Advocates Appeared:
For the Petitioner: S.L. Jain.
For the Respondent: Avin Chhangani.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. The instant transfer application under Section 24 of the Code of Civil Procedure, has been filed by the petitioners against the order dated 02.02.2024, passed by the learned District Judge, Pratapgarh in Civil Misc. Case No. 07/2024, whereby the learned Judge allowed the application of the respondent seeking transfer of Civil Suit No. 34/2023, pending before the Court of Civil Judge, Pratapgarh and transferred the said case to the Court of Senior Civil Judge, Chhoti Sadari.

2. The facts in brief are that respondent-plaintiff instituted a suit for permanent injunction in mandatory form against the petitioners-defendants with the averment that the petitioners-defendants encroached upon his land. Along with the suit, an application under Order 39 Rule 1 & 2 CPC was also filed seeking grant of injunction during the pendency of the suit. The petitioners-defendants filed a detailed reply to the injunction application. The learned Trial Court vide order dated 31.05.2023 dismissed the injunction application holding that the petitioners-defendants are in possession of the property in dispute. Being aggrieved by the order dated 31.05.2023, the respondent filed

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