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2015 Supreme(All) 877

H.G.RAMESH, SHAMSHER BAHADUR SINGH
VINOD KUMAR – Appellant
Versus
SUDHA LAND VENTURES AND HOMES PVT. LTD. – Respondent


Advocates:
Counsel :
Pushkar Srivastava and Arvind Srivastava for the Appellants; Ankit Saran for the Respondent.

JUDGMENT

Hon’ble Shamsher Bahadur Singh, J.—Heard learned counsel for the parties.

2. This first appeal from order is directed by the appellants/defendants against order dated 7.8.2015 by Civil Judge (Senior Division), Jhansi passed in Original Suit No. 452 of 2014 (Sudha Land Ventures and Homes Private Limited v. Vinod Kumar and others), whereby on a application under Order XXXIX Rule 1 Code of Civil Procedure has been allowed and the appellants were restrained from interfering in the possession of the plaintiff-respondent.

3. The facts leading to the filing of appeal are narrated in nutshell as follows:

Sudha Land Ventures and Homes Private Limited (in short, respondent-plaintiff) filed aforesaid suit with the averment that late Ghanshyam, father of appellant Nos. 1 to 3 and Smt. Shanti Devi, their mother executed unregistered sale-deed on 21.2.2014 in respect of agricultural plot Nos. 1303 and 1299 of Khata No. 00089 to the extent of half share for the consideration of Rs 7,92,000/-. Late Ghanshyam also executed another sale-deed in respect of agricultural plot Nos. 1304, 1305, 718/2, 719M, 1298 and 1297 ((3/4 share)), Khasra Nos. 00039 and 00026 for sale consideration of Rs. 18,













































































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