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2019 Supreme(MP) 420

ROHIT ARYA
Suman Chouksey (Smt. ) – Appellant
Versus
Dinesh Kumar – Respondent


Advocates:
V. K. Jain with Vaibhav Bhagwat for appellant; M. K. Jain for respondents.

ORDER

Arya, J.--1. This miscellaneous appeal under Order 43 rule 1(r) CPC is directed against the order dated 19.11.2019 passed in civil suit No. 3A/2018 by Eighth Additional District Judge, Ujjain allowing application under Order 39 rule 1 and 2 CPC granting temporary injunction in favour of the plaintiffs.

Suit for declaration that sale deeds dated 28.3.2010 (Annexure A/3) and 18.3.2011 (Annexure A/6) allegedly executed by defendant No. 3 (power of attorney holder of plaintiffs) in favour of defendant No. 1 are null and void & not binding on the plaintiffs and permanent injunction restraining defendants No. 1 to 3 from interfering with the possession and forcible dispossession of the plaintiffs is pending consideration.

2. Pleadings in the plaint for the purpose of this appeal in nutshell are as follows:

(i) plaintiffs are residents of Indore and the suit land is situated in district Ujjain;

(ii) plaintiffs and defendant No. 2 are wellknown to each other since the time of plaintiffs' father was alive (died on 23.12.2010) who was in the business of real estate and on many occasions developed land, divided into plots and sold to individuals in association with defendant No. 2;

(iii

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