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2018 Supreme(All) 1042

SUDHIR AGARWAL, SHASHI KANT
ASHOK MISHRA – Appellant
Versus
RAM NIWAS – Respondent


Advocates:
Counsel :
Anoop Trivedi for the Appellants; Archit Mehrotra, Manish Goyal and Shivam Yadav for the Respondents.

JUDGMENT

By the Court.—This is a plaintiff’s First Appeal From Order under Order 43 Rule 1(r) C.P.C. has arisen from judgment and decree, dated 6.12.2016 and 7.12.2016, respectively, passed by Sri Arun Kumar Rai, Civil Judge (Senior Division) Gautam Budha Nagar on application 6-C rejecting ad-interim injunction application of plaintiffs-appellants (hereinafter referred to as “appellants”) in Original Suit No. 33 of 2015 (Dr. Ashok and others v. Ram Niwas and others).

2. Heard Sri Anoop Trivedi, learned counsel for appellants, Sri Promod Jain, Advocate, assisted by Sri Archit Mehrotra, learned counsel for respondents and perused the record.

3. The appellants instituted Original Suit No. 33 of 2015 against defendants-respondents (hereinafter referred to as “respondents”) vide plaint dated 12.1.2015. Plaint case set up by appellants is that plot No. S.D./A-1, area 338.25 Sq.mts. situated in Sector 45 NOIDA, Village Sadarpur, Pargana & Tehsil Dadri, District Gautam Budha Nagar has a residential building constructed over it, which was raised by appellants and they are owner in possession over the land and construction thereon. Sale-deed in respect of aforesaid land was executed in favour










































































































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