SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(All) 1757

AJIT KUMAR
Phool Kumar – Appellant
Versus
Shyam Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aditya Kumar Singh, Nipun Singh
For the Respondent: Syed Ali Imam, Syed Ali Imam

JUDGMENT :

1. Heard Sri Nipun Singh, learned counsel for the petitioner and Shri Syed Ali Imam, learned counsel appearing for the respondents.

2. Petitioner before this Court is the plaintiff in the suit instituted for permanent prohibitory injunction being O.S. No. 106 of 2020. In the suit, he moved a temporary injunction application being paper no. 6C along with an affidavit. After the written statement was filed and so also the objection to the pending 6C application by the defendant-respondents, the said application was finally granted by the trial court in favour of the petitioner with a direction to the parties to maintain status quo in respect of the suit property vide order dated 16.3.2021.

3. However, upon a miscellaneous appeal being filed under Order XLIII Rule 1(r) by the defendant-respondents, the said appeal came to be allowed by the District Judge, Gautam Buddha Nagar vide order dated 24.11.2022 setting aside the order of the status quo passed by the trial court.

4. The petitioner pleads that even in case no partition of the suit property has taken place in metes and bounds amongst co-sharers, the Court in order to protect the suit property and from being damaged by rais

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon telegram-icon
                    whatsapp-icon Back to top