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2011 Supreme(All) 3006

SURENDRA KUMAR, R.K.AGRAWAL
MAHENDRA SINGH – Appellant
Versus
SENIOR CITIZEN HOME COMPLEX WELFARE SOCIETY – Respondent


Advocates:
Sharad Mandhyan for the Petiitoners; U.K. Saxena and Udai Chandani for the Respondents.

JUDGMENT

Hon’ble Surendra Kumar, J.—Heard Sri Sharad Mandhyan, learned counsel for the plaintiffs-appellants and Sri U.K. Saxena, learned counsel for the defendant-respondent No. 1 and Sri Udai Chandani, learned counsel for the defendant-respondent No. 2.

2. This first appeal from order has been preferred by Mahendra Singh and Braham Pal Singh, plaintiffs-appellants against the judgment and order dated 24.12.2010 passed by Sri Jai Singh Pundir, Civil Judge (Senior Division), Gautam Budh Nagar in Original Suit No. 833 of 2010 (Mahendra Singh and another v. Senior Citizen Home Complex Welfare Society and another), by which the application for temporary injunction, 6C-2, filed by the plaintiffs-appellants was dismissed.

3. The brief facts of the case are that the plaintiffs-appellants filed Original Suit No. 833 of 2010 for permanent injunction for restraining the defendants-respondents from interfering in their possession over the Flat No. F-15, Senior Citizen Home Complex Welfare Society, Builders Area, Pocket-P-4, Greater Noida, District Gautam Budh Nagar (hereinafter referred to as the flat in dispute). In the suit, the plaintiffs moved an application under Order 39 Rules 1 and 2



























































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