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2020 Supreme(All) 737

VIVEK KUMAR BIRLA
Gurmej Singh – Appellant
Versus
Ranjit Kaur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Praveen Kumar,Onkar Nath Vishwakarma
For the Respondent: Arvind Kumar Tiwari,Arvind Srivastava

JUDGMENT :

1. Heard Sri Pradeep Kumar, learned Senior Counsel assisted by Sri Onkar Nath Vishwakarma, learned counsel for the petitioners through video conferencing and Sri Arvind Srivastava along with Sri Arvind Kumar Tiwari, learned counsel for the caveator defendants-respondents and perused the record.

2. With the consent of learned counsel for the parties, present petition is being decided at this stage itself.

3. Present petition has been filed for setting aside the order dated 27.8.2020 passed by District Judge, Pilibhit in Misc. Appeal No. 12 of 2020 (Ranjit Kaur and others vs. Gurmej Singh and others).

4. By the order dated 5.8.2020 the trial court has granted an ex-parte interim injunction by recording reasons. Defendant no. 1 is the purchaser of the property from one of the co-sharers. The order of ex-parte temporary injunction was granted and the plaintiff was directed to comply with the provision of Order 39 Rule 3 CPC and 28.8.2020 was fixed for hearing for temporary injunction application. The defendant after receiving the notice filed misc. appeal on 20.8.2020 prior to the date fixed by the trial court, which was decided by the lower appellate court vide impugned order d

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