KRISHNA MURARI, PRATYUSH KUMAR
RUCHI GUPTA – Appellant
Versus
SUDHA RANI – Respondent
By the Court.—Heard Shri V. Sahai, learned counsel for the appellant and Shri Diwakar Rai Sharma, Advocate appearing for respondents.
2. By way of this First Appeal From Order, the defendant/appellant (hereafter referred to as ‘appellant’) has challenged the legality of order dated 8.4.2013 passed by the Additional Civil Judge (Sr.Div.), Court No. 2, Aligarh in Original Suit No. 131 of 2013, Smt. Sudha Rani and another v. Smt. Ruchi Gupta, whereby the plaintiffs/respondents (hereinafter referred to as the ‘respondents’) application under Order 39 Rule 1, 2 and 3 CPC has been allowed and appellant has been restrained during the pendency of the suit not to sell more than her share or any specific portion of the property in dispute. She has been further restrained, during the pendency of the suit, not to interfere illegally in the use, occupation, possession and from carrying on business in the property in dispute.
3. Learned counsel for the appellant has argued that the appellant is natural guardian of respondent No. 2, respondent No. 1 could not have filed the suit on behalf of respondent No. 2 as next friend. He further submits that the appellant has pleaded before the Cour
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