S.P.PATHAK
Cosmos Buildwell Pvt. Ltd. – Appellant
Versus
Laxman Singh – Respondent
Hon'ble PATHAK, J.-These two misc. appeals have been filed under Order 43 Rule 1 (r) of the Code of Civil Procedure against the order dated 12.5.2010 passed by the District Judge, Sawai Madhopur in Civil Misc. Application no.56/2009 thereby allowing the application of respondents under Order 39 Rule 1 & 2 CPC.
2. The facts giving rise to the present appeals are that plaintiff respondent Bhagwati Singh filed a suit for injunction in the trial court on the basis that the suit property is a joint family undivided property.
3. It was averred that no relief was being claimed against the defendant respondents, namely; Smt. Jayshree Devi and Smt. Devendra Kumari in the suit. M/s. Cosmos Buildwell Pvt. Ltd. was one of the defendants who claims that the disputed property was purchased by it from plaintiff-respondent no.2 Bhagwati Singh and defendant-respondent Nos. 3 and 4. A temporary injunction application under Order 39 Rule 1 and 2 was filed along with the suit.
4. Reply to the application was filed by the appellant.
5. The learned trial court vide impugned order passed injunction restraining the appellant from entering in the suit premises and further from making any construction
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