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2007 Supreme(All) 2961

V.M.SAHAI, R.N.MISRA
SANTOSH KUMAR @ TATA. – Appellant
Versus
MEENA DEVI – Respondent


Advocates:
Counsel :
V. Singh, J.S. Pandey, Phaujdar Rai and Ranjay Kumar for the Appellant; Pradeep Kumar Rai for the Respondent.

JUDGMENT

By the Court.—This appeal has been preferred by the plaintiff-appellant Santosh Kumar alias Tata against the order dated 12-10-2007, passed by Sri Bachchu Singh, Civil Judge (Senior Division), Ballia in O.S. No. 276 of 2004, by which ad-interim injunction 6C-2 moved by the plaintiff-appellant has been rejected but the application 60C-2, moved by the defendant-respondent Smt. Meena Devi for the same purpose has been allowed and the plaintiff-appellant has been restrained till the pendency of the suit from interfering in any way with the title and possession of defendant-respondent in the property in dispute.

2. We have heard Sri Phaujdar Rai and Sri V. Singh, learned Counsel for the plaintiff-appellant and Sri Pradeep Kumar Rai, learned Counsel for the respondent.

3. The plaintiff-appellant filed a suit for injunction on the basis of a Will dated 6-3-2003, alleged to have been executed by Shambhoo Prasad, husband of defendant-respondent regarding his two immovable properties detailed in the Will, the copy of which is Annexure-3. These properties are the houses, one situate in District Ballia of Uttar Pradesh and another in District Thane (Maharashtra). It has been alleged in t





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