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PATNA HIGH COURT
Arun Kumar Jha, J
Md. Ehtesham – Appellant
Versus
Afshan Rahman – Respondent
| Table of Content |
|---|
| 1. the factual background of the property dispute and prior court orders. (Para 1 , 2 , 3) |
| 2. arguments regarding the legality of the injunction orders. (Para 4 , 5 , 6) |
| 3. court's analysis of the sale deed and the appropriateness of the injunction. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court's directive to maintain status quo regarding the property. (Para 13) |
| 5. final conclusion and order for expeditious trial. (Para 14 , 15) |
CAV JUDGMENT
Date : 11-07-2024
The present Civil Miscellaneous petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 31.08.2018 passed by learned District Judge, Gaya in Miscellaneous Appeal No. 03 of 2018 and order dated 03.11.2017, passed by learned Subordinate Judge-VIII, Gaya in Title Suit No. 80 of 2017/754 of 201, affirming the injunction granted to the plaintiff/respondent no. 1 by the learned trial court.
2. Briefly stated, the facts of the case, as it emerges from the record, are that the respondent no. 1 as plaintiff purchased of a portion of multi storied building through registered sale deed dated 26.05.2006 to the extent of 992.80 sq. feet up to the height of 14 feet from the then ground le
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