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2013 Supreme(UK) 502

ALOK SINGH
D. C. BANSAL – Appellant
Versus
PUSHPA DEVI – Respondent


Advocates:
For the Petitioner:Mr. Ramji Srivastava, Advocate

JUDGMENT

Hon’ble Alok Singh, J.

Undisputedly, plaintiff petitioner filed a suit for specific performance against the original defendants respondents No. 1 to 5 stating therein that defendants agreed to sell land in question in favour of the plaintiff and have executed an agreement to sell in favour of the plaintiff petitioner which was also got registered. Petitioner plaintiff moved an application under Order 39 Rule 1 and 2 of the C.P.C. before the Trial Court seeking ad interim injunction restraining the defendant not to change nature of the property by raising construction thereon and not to create third party interest during the pendency of the suit. Ad interim injunction application, so moved by the plaintiff, was rejected by the learned Trial Court vide order dated 07.04.2011. Feeling aggrieved, plaintiff petitioner preferred appeal from order No. 135 of 2011 before this Court. Appeal, so preferred by the plaintiff petitioner, was allowed by the Coordinate Bench of this Court, vide judgment dated 30.12.2011, directing the defendants respondents Nos. 1 to 5 herein not to create any third party interest on the property in dispute till disposal of the suit.

2. It seems during



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