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2012 Supreme(All) 2174

RAKESH TIWARI, ANIL KUMAR SHARMA
BALRAJ RUPANI – Appellant
Versus
SHANTI DEVI – Respondent


Advocates:
Counsel :
M.D. Singh Shekhar and S.S. Shukla for the Petitioner; Rajesh Srivastava, P.K. Jain, Saurabh Jain and Manish Jain for the Respondents.

JUDGMNET

Hon’ble Anil Kumar Sharma, J.—Challenge in this appeal is to the order dated 14.12.2011 passed by Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate (Court No. 5), Kanpur Nagar in O.S. No. 1056 of 2011 whereby the application of the plaintiff-appellant for ad interim injunction has been rejected.

2. Facts in brief germane to this appeal are that the plaintiff-appellant filed the aforesaid suit for declaration of sale-deed dated 20.10.2010 executed by defendants-respondent Nos. 1 and 2 in favour of the defendant-respondent No. 3 in respect of premises No. 7/126, Swarup Nagar, Kanpur as ultra virus, null and void and not binding on the plaintiff. Relief for permanent injunction to restrain the defendants their workers, agents and assignees from selling, transferring, alienating or disturbing the peaceful possession and enjoyment of the plaintiff and from carrying out any constructions/demolition work over the suit property had also been sought. The plaintiff alleged that the defendant Nos. 1 and 2 being the owners agreed to sell the suit property for Rs. 4.0 lacs to plaintiff and executed a registered agreement for sale on 16.1.1995 after receiving earnest mon









































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