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2010 Supreme(P&H) 1452

RAKESH KUMAR JAIN
Devender Kumar – Appellant
Versus
Santra Devi – Respondent


Advocates:
For the Petitioner:Mr. Ajay Jain, Advocate.
For the Respondent No1:Mr. Sanjay K. Chauhan, Advocate.

JUDGMENT

Rakesh Kumar Jain J. (Oral).:- This revision petition is directed against order dated 28.07.2009 passed by the Additional District Judge, Narnaul whereby, he has ordered the parties to maintain the status quo with regard to possession and restrained the defendants from alienating the suit property.

2. Learned counsel for the petitioner has submitted that in a suit filed by the plaintiff/respondent, an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short ‘CPC’) was also filed, which was dismissed by the learned Additional Civil Judge (Sr. Divn.), Narnaul vide his order dated 17.11.2007 holding that “thus, as a sequel to my above discussion, the applicant has failed to prove a prima-facie case, neither balance of convenience is titled in her favour, nor any kind of irreparable loss would be caused to her if the injunction is not granted. Accordingly, present application under Order 39 Rules 1 and 2 read with Section 151 CPC is hereby dismissed.”

3. As a matter of fact, the plaintiff was not found to be in possession over the property in dispute, therefore, trial Court did not grant him injunction. Against the order of the trial Court, misce








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