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1991 Supreme(All) 502

N.N.MITHAL, G.K.MATHUR
RAJENDRA KUMAR – Appellant
Versus
MAHENDRA KUMAR MITTAL – Respondent


Advocates Appeared:
Ajit Kumar, J.M.PANT, PANKAJ NAQVI

G. K. MATHUR, J.

( 1 ) THE plaintiff has preferred this appeal against the order dated 12/04/1990 passed by the Civil Judge, Bareilly, in Suit No. 225 of 1990 (Rajendra Kumar v. Mahendra Kumar Mittal): whereby the application for issue of ad interim injunction has been rejected.

( 2 ) IN the appeal, on the application of the appellant for injunction, respondents Nos. 1 to 4 were restrained from alienating the property by order dated 23/05/1990, in the meanwhile. The respondents Nos. 1 to 4 filed an application for vacation of the aforesaid interim order dated 23/05/1990, supported by counter-affidavit of Mahendra Kumar Mittal, respondent No. 1. The appellant Rajendra Kumar has filed rejoinder affidavit and supplementary affidavit.

( 3 ) WITH the consent of the counsel for the appellant and respondents Nos. 1 to 4 we proceeded to dispose of the appeal at the admission stage.

( 4 ) THE facts of the case, in brief, are that respondents Nos. 1 to 4 entered into an agreement on 9/12/1988 to sell the land measuring 4,000 square yards, situate within the municipal limits of Bareilly City, for a sum of Rs. 8 lacs in favour of the plaintiff-appellant, which was registered on 13/03/1989 and














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