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2014 Supreme(MP) 464

SHANTANU KEMKAR, J.K.JAIN
Satish Kumar Khandelwal – Appellant
Versus
Rajendra Jain – Respondent


Advocates:
Vinay Saraf for appellant;
M. L. Agrawal with G. M. Agrawal for respondents No.1 and 2;
B. L. Pavecha with Siddharth Jain for respondents No.4 and 5;
S. C. Bagadiya with D. K. Chhabra for respondents No.6 and 7; Brajesh Pandya for respondent No.8

ORDER

1. Heard on I.A.No.8329/2008 an application under Order XXXIX rule 1 and 2 read with section 151 of the Code of Civil Procedure.

2. Brief facts of this case are that the appellant/plaintiff had filed a suit for specific performance of the contract and permanent injunction in respect of agricultural land belonging to respondent No.1 and 2. After trial, learned District Judge, Indore vide judgment and decree dated 28.8.2008 declined to grant the relief of specific performance of the contract and ordered for refund of money of Rs.66.00 lacs. Being aggrieved with this judgment and decree, plaintiff/appellant filed appeal before this Court. In this appeal the appellant filed this application praying that the defendants be restrained from alienating or creating third party interest on suit land during pendency of the appeal.

3. Learned counsel for the appellant submits that the respondents are trying to alienate the suit property and if the property is alienated then it will create multiplicity of proceedings. Earlier also during the pendency of suit, the respondents No.1, 2, 4 and 5 executed the sale-deed in favour of respondents No.6 to 8. The appellant will be deprived of to get t











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