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2007 Supreme(MP) 730

SHANTANU KEMKAR
Raghunandan – Appellant
Versus
Krishna Bai – Respondent


Advocates:
R.K. Verma for petitioner; A.K. Jain for respondent No. 14.

ORDER

1. By this petition, filed under Article 227 of the Constitution of India the petitioner/plaintiff has challenged the order dated 8.3.2007 passed by the VI Additional District Judge, Bhopal in Miscellaneous Civil Appeal No. 45/07 setting aside the order dated 31.1.2007 passed by the IV Civil Judge, Class I, Bhopal in Civil Suit No. 380-A/06 granting temporary injunction in favour of the plaintiff/petitioner.

2. The petitioner/plaintiff filed a civil suit for injunction and declaration against the respondents/defendants. As per the plaint averments the suit property is situated at Block Fanda, Tahsil Huzur, District Bhopal and the same is ancestral property of the petitioner and the respondents No.1 to 12 (defendants No.1 to 12) and they were in joint possession of it.

3. The plaintiff alleged that the defendants No. 1 to 12 without informing him and without his consent transferred the said joint property in favour of the respondent No. 14 (defendant No. 14) and executed a sale deed in favour of the defendant No. 14. He accordingly, prayed for declaration of the said sale deed to be void and also prayed that the defendants No.1 and 14 be restrained from interfering

















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