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2014 Supreme(P&H) 82

MEHINDER SINGH SULLAR
Aarlia Builders and Developers Pvt. Ltd. – Appellant
Versus
Sukhda Promoters Private Limited – Respondent


Advocates:
For the Petitioner:Mr. Chetan Mittal, Senior Advocate with Mr. Varun Issar, Advocate.
For the Respondent No.1:Mr. Arun Jain, Senior Advocate with Mr.Mukul Aggarwal, Advocate.
For the Respondent No.8:Mr. Hemant Bassi, Advocate.
For the Remaining Respondents: Nemo.

JUDGMENT

Mr. Mehinder Singh Sullar, J. (Oral):- The matrix of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioner-plaintiff M/s Aarlia Builders and Developers Private Limited (for brevity “the plaintiffcompany”) , has instituted the civil suit (Annexure P5) for a decree of declaration to the effect that the order of partition (Sanand Taksim) dated 22.1.2009 and the entire partition proceedings by the revenue authorities, pertaining to the land in dispute, are illegal, unlawful, arbitrary, ultra vires, void abinitio, unconstitutional, without jurisdiction and are not binding on its rights, with a consequential relief of permanent injunction, restraining respondents-defendants M/s Sukhda Promoters Private Limited & other companies (for short “the defendants-companies”), from changing the nature, raising any construction and from alienating any specific portion of the suit property to any other person in any manner. The plaintiff-company has also filed the application (Annexure P6) for ad interim injunction under Order 39 Rules 1 and 2 read with section 151 CPC.

2. Sequ





























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