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2014 Supreme(All) 1987

RAJES KUMAR, OM PRAKASH
Chanchal Agrawal – Appellant
Versus
Jagdish Prasad Gupta – Respondent


Advocates:
Advocate Appeared:
Sri Uma Nath Pandey, learned counsel for the appellant
Sri Swetashwa Agrawal, learned counsel appearing on behalf of the respondents

JUDGMENT :

Rajes Kumar, J. :

Heard Sri Uma Nath Pandey, learned counsel for the appellant and Sri Swetashwa Agrawal, learned counsel appearing on behalf of the respondents.

2. By means of the present Appeal, the appellant is challenging the order dated 19th February, 2014, passed by the Civil Judge (Senior Division), Gautam Buddh Nagar by which he has allowed the application for interim relief of the respondent No.1, who filed Original Suit No. 1201 of 2012, seeking permanent injunction, restraining the defendant No.2, present appellant, from interfering in peaceful living of respondent No.1 in House No. B-72, Sector 50, NOIDA, Gautam Buddh Nagar and not to create any hindrance in peaceful living of the respondent No. 1 along with his wife in the said house.

3. The brief facts, giving rise to the present Appeal, are that the respondent No.1 is a retired Officer, who is aged about 70 years. He purchased a plot in Sector 50, NOIDA, Gautam Buddh Nagar, from NOIDA authority. The lease deed of the said plot has been executed on 29th May, 2003. After getting the map sanctioned for construction of the residential house, the house has been got constructed over the said plot. The said house ha
































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