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2014 Supreme(All) 3597

SANJAY MISRA, OM PRAKASH VII
Indra Sharma – Appellant
Versus
Lt. Col. Satish Kumar Sharma – Respondent


Advocates Appeared:
For the Appellant :- Rahul Sripat,Ashok Nath Tripathi,Rahul Sahai
For the Respondent:- R.P. Dwivedi,Ram Prakash Dwivedi,Ravi Kant

JUDGMENT

Om Prakash-VII, J

This First Appeal From Order has been filed by the appellants against the order dated 25.3.2006 passed by the Additional District Judge, Court No.3, Agra in Suit No.1041 of 2002 whereby the temporary injunction application has been allowed.

2. The facts are that the said suit was filed by the respondent no.1/ plaintiff against the appellants/ defendants and also respondent nos. 2 to 11/ defendants with the prayer for a decree for prohibitory injunction against the defendants and proforma defendants restraining them from transferring and sub-letting the property in question to any other person without consent of the plaintiff and they also be restrained from making any addition and alteration in the suit property otherwise in due course of law. A decree for mandatory injunction was also sought against the defendants in the form that they be directed to make the payment of rent to the plaintiff regularly. The respondent no.1, who is the owner of the property in dispute, leased-out it to defendant nos. 6 to 12 in the suit for a period of 10 years with effect from 1.4.1990 through registered lease deed creating right to the lessees to sub-let the property to an










































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