Order On Board

03.02.2023

1. The appeal is preferred against order dated 17.5.2022 passed by Fourth Upper District Judge, Raipur in Civil Suit No.29A/2022, whereby application filed by the respondents/plaintiffs under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure (for short the ‘CPC’) was allowed and the appellants/defendants were restrained from transferring or alienating the subject property.

2. Factual matrix of the case, as projected by the respondents/plaintiffs, is that before the trial Court they filed a civil suit for declaration and injunction stating therein that appellant No.1 is the father of appellant No.2, respondents 1 & 2 and Late Smt. Shashi Agrawal was their mother, who died on

15.3.2018. Late Smt. Shashi Agrawal was the recorded owner of House No.B-51, double storey building of Wallfort City; Shop Nos.7 & 9 situated at Tatiband Road, near Vegetable market; piece of land situated at Tatiband Patwari Halka No.0.24, Khasra No.250, 251/1(251/2) area 0.101 hectare and piece of land situated at Village Sakari, Patwari Halka No.41, Khasra No.301/2 area 0.046 hectare. Being daughters of Late Smt. Shashi Agrawal, the respondents/plaintiffs are the