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2021 Supreme(J&K) 411

JAVED IQBAL WANI
S. K. Puri – Appellant
Versus
Pardeep Kumar Puri – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s):Mr. Gagan Basotra, Sr. Advocate with Ms. Navdeep Kour, Advocate
For the Respondent(s):Mr. I.K. Sharma, Sr. Advocate with Mr. Mohit Kumar, Advocate

ORDER :

Javed Iqbal Wani, J.

1. The instant revision petition is directed against order dated 24.9.2018 passed by the court of Principal District Judge, Jammu.

2. Before adverting to the grounds of challenge urged in the instant petition by the petitioner, a brief background of the case is delineated hereunder:

    i) A suit for recovery of Rs.73,22,000/- under Order 37 CPC came to be instituted by the predecessor-in-interest of respondent 1 namely Shayam Puri against the predecessor-in-interest of respondents 2 to 4 herein being file No. 101/suit before the court of Principal District Judge, Jammu (hereinafter the trial court).

ii) In terms of order dated 30.1.2009, during the pendency of the suit, an application came to be filed by plaintiffs for attaching the property of the defendants before judgment while apprehending that the defendants in order to defeat the suit of the plaintiffs are hellbent to alienate and dispose of the property comprising of Cybernetic School, its buildings and land. The said order came to be passed taking into account the contention of the plaintiffs as also a copy of the agreement to sell relating to the said property purported to have been entered into betwee

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