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2024 Supreme(Online)(MP) 9915

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE AMAR NATH (KESHARWANI), J
Gursaran Nigam (Dead) Through Lrs. Smt.Jyoti – Appellant
Versus
Radhesharan Nigam S/O Late Shri Devi Prasad Nigam (Dead) Through Lrs. Smt. Sudha Shrivastava – Respondent


Advocates:
Neeraj Vegad,,P.Singh, W.Khan,Smt.D.Bhore,A Mukhopadhyay,

JUDGEMENT

Since F.A.No.605/2005 filed on behalf of the plaintiffs and F.A.No.720/2005 filed on behalf of legal representatives of defendant No.1 and defendant Nos. 2 and 3 and arises out of the same judgment and decree dated 12.05.2005 passed by District Judge, Narsinghpur (M.P.) in Civil Suit No.7-A/2005 [Gurusaran Nigam (dead) through Lrs and Others vs. Radhesharan (Dead) through Lrs & Others], hence, this common judgment will govern the disposal of both first appeals i.e. F.A.No.605/2005 and F.A.No.720/2005.

2. These appeals under Section 96 of the CPC of 1908 have been filed against the judgment and decree dated 12.05.2005 passed by District Judge, Narsinghpur (M.P.) in Civil Suit No. 7-A/2005, whereby the learned trial Court has granted permanent injunction in favour of the plaintiffs and against the defendants that defendant No.2 as a President of Chanda Nagar Grah Nirman Samiti will not alienate or sell the remaining plots of Chanda Nagar Grah Nirman Samiti till fulfilment of certain conditions enumerated in para 76 (B) of the impugned judgement and decree and decline to declare the sale-deed dated 30/08/1990 executed by defendant Nos. 1 to 5 in favour of defendant No.7.

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