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2003 Supreme(All) 2483

N.K.MEHROTRA
GURU DUTT – Appellant
Versus
ANUJ KHATRI – Respondent


Advocates Appeared:
ANANT CHAUDHARY, ASEEM CHANDRA, PRITISH KUMAR, UMESH CHANDRA, VIKAS SINGH

N. K. MEHROTRA, J.

( 1 ) THIS is a Revision under Section 115 of the Code of Civil Procedure against the order dated 14. 8. 2003, passed by the Civil Judge (Senior Division), Malihabad in Regular Suit No. 320 of 2003, Guru Dutt v. Anuj Khatri and Anr. , by which the learned trial court has issued notice against the opposite parties on application for ad interim injunction under Order XXXIX Rules 1 and 2, C. P. C.

( 2 ) THE brief facts of the case are that the defendant opposite party No. 2 is a registered cooperative Housing Society and the object of the society is to acquire land and establish colony for its members known as Sindhu Nagar Yojana. The plot in suit was allotted to Smt. Lajwanti devi on 10. 11. 1967 by the opposite party No. 2, There was a condition in the deed of transfer that the allottee Smt. Lajwanti Devi was to raise the construction over the plot within 24 months. Smt. Lajwanti Devi failed to raise construction. The Society passed resolution to forfeit the plot no. A-22 and informed the Deputy Registrar Housing who approved the resolution on 29. 4. 1995. The opposite party No. 2 allotted the plot to the revisionist on 26. 6. 1995 and till then he is in possessio

















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