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2000 Supreme(MP) 885

DIPAK MISRA
Tillomal Thadani – Appellant
Versus
Bachhi Bai – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Shri H.C. Kohli, Adv.
For Non Applicant: Shri Awadh Tripathi, Adv.

ORDER

Dipak Misra, J.

1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendant petitioner has called in question the legal validity of the order dated 29-3-2000 passed by the learned third Additional District Judge, Satna in Misc. Civil Appeal No. 48/99 whereby the learned appellate Judge passed the order of status quo in respect of immovable and movable properties belonging to the petitioner whereas the Court of first instance had passed an order of restraint restraining the petitioner from alienating the immovable property.

2. The facts as have been portrayed are that the non-applicant as plaintiff initiated a civil action being C.S. No. 54-A/99 in the Court of 4th Civil Judge, Class II, Satna for partition and declaration that she is entitled to half share in the joint Hindu family property. Alongwith the suit the non-applicant filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code for seeking an injunction restraining the applicant from selling or alienating the immovable and movable properties. In the said application it was pleaded that the plaintiff i
















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