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2024 Supreme(Online)(GAU) 518

HIGH COURT OF GAUHATI
MR. JUSTICE SANJAY KUMAR MEDHI, J
AJAY KUMAR AGARWALLA AND ANR – Appellant
Versus
M/S JAGDISH PRASAD AGARWALLA AND SONS (HUF) AND 4 ORS – Respondent


Advocates:
MR A K RAI

ORDER

28.06.2024 Heard Shri A.K. Rai learned counsel for the applicants, who by means of this application under Order 39 Rule 1 & 2 of the CPC r/w section 151 has prayed for injunction.

The applicants are the plaintiffs in TS No.280/2024, instituted before the learned Civil Judge (Sr. Division) No. 2, Kamrup (M) along with which Misc. (J) No.517/2024 was filed for injunction and by the impugned order dated 11.06.2024 only notice has been issued.

The connected FAO/53/2024 has been admitted today.

Shri Rai, the learned counsel prays for an order of injunction protecting the rights of the parties. It is submitted that the schedule property is admittedly an HUF property and the same was sold to the opposite party no.4 by the opposite party no.2 on the strength of being a Karta, however, without taking the consent of the applicants who are coparceners. It is also averred that such sale was not due to any necessity of the HUF. Issue notice, returnable on 29.07.2024. Steps for service of notice upon the respondents be taken by usual process.

Steps within 2 days.

Pending return of notice, this Court is of the opinion that the interest of justice would be served and the equities would be balanced

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