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2023 Supreme(All) 15

ASHUTOSH SRIVASTAVA
Virendra Kumar – Appellant
Versus
Kunal Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Utpal Chatterji
For the Respondent: Vivek Saran

JUDGMENT :

1. Heard Shri Utpal Chatterji, learned counsel for the defendants-appellants and Shri Vivek Saran, learned counsel who has put in appearance on behalf of the plaintiff/respondents 1 and 2 through caveat.

2. This First Appeal From Order under Order 43 Rule 1 (r) CPC, at the instance of the defendants of the Original Suit No. 1465 of 2022, has been filed assailing the order dated 1.11.2022 passed by the Additional Civil Judge (Senior Division) Court No. 6, Meerut in Original Suit No. 1465 of 2022, whereby, the learned Civil Judge (Senior Division) has proceeded to pass an ex-parte ad interim injunction under Order 39 Rule 1 & 2 in favour of the plaintiffs/respondents restraining the defendants from interfering in any manner and maintain status quo in respect of disputed Khasra Plot No. 2075 area 1-0-0 Bigha and plot No. 2076/1 area 0-2-0 Biswa situate in Kasba Sardhana, Tehsil-Sardhana, District Meerut till the next date fixed. The plaintiffs by the impugned order have been directed to take steps for compliance under Order 39 Rule 3 CPC fixing 30.11.2022 for objections/disposal of the paper No. 6C2.

3. Shri Chatterji, learned counsel for the defendants/appellants submits that

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