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2022 Supreme(J&K) 261

VINOD CHATTERJI KOUL
Madan Lal Sharma – Appellant
Versus
Joginder Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sachin Dogra.
For the Respondents: L.K. Sharma, Mohit Kumar, Vikram Sharma, Sachin Dev Singh.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. The order dated 31.10.2017 passed by the learned Munsiff, Jammu, (for brevity ‘trial court’) whereby application of the plaintiff/petitioner herein seeking an order under Order 39 Rule 1 and 2 CPC has been rejected and order dated 02.05.2018 (for brevity ‘impugned order’) passed by the learned 1st Additional District Judge, Jammu (for brevity ‘Appellate Court’) in appeal against the said order upholding the order of the trial court and rejecting the appeal, have been assailed in this writ petition filed under Article 227 of the Constitution of India and seeking quashing of the said orders and allowing his application filed by him under Order 39 Rule 1 and 2 CPC, for temporary injunction filed by him alongwith his suit seeking decree for declaration as well as injunction.

2. Briefly stating, the facts giving rise to filing of this appeal are that the petitioner-plaintiff filed a suit before the trial court, in which he has sought following reliefs:

    (a) Decree of declaration declaring the sale deed dated 16.05.2001 executed by defendants no. 1 to 3 in favour of defendant no. 5 for land measuring 1 kanal 6 marlas; sale deed dated 31.01.2004 executed

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