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2006 Supreme(Raj) 2631

DINESH MAHESHWARI
Baheti Education Trust – Appellant
Versus
Nema Ram – Respondent


APPEARANCES :
Mr. S.N. Bhatt, Mr. Suresh Shrimali, Mr. Rajesh Parihar, Mr. Rajesh Choudhary, Advocates, for the Appellant.
Mr. J.R. Patel, Mr. R.K. Thanvi, Mr. S.G. Ojha, Mr. B.L. Bhati, Advocates, for the Respondents.

Judgment

Dinesh Maheshwari, J.—This is plaintiff’s appeal against the order dt. 01.08.2006 passed by the Addl. District Judge (Fast Track) No. 3, Jodhpur in Civil Misc. No. 12/2005 whereby its application seeking temporary injunction under Order 39 Rules 1 & 2 CPC has been rejected.

2. The plaintiff stating itself to be a registered trust has filed a civil suit on 18.06.2005 for cancellation of sale deed and perpetual injunction with the submissions that the plaintiff was engaged in dissemination of education and in encouraging charitable and public utility works and has been issued certificate under Sec. 80-G of the Income Tax Act. The plaintiff averred that in relation to 16 bighas and 16 biswas of land comprised in khasra No. 472/1 at village Dhinano Ki Dhani, Tehsil Pal District Jodhpur, its khatedar defendant No. 1 Nema Ram, who had been working with the relatives of the Chief Trustee of the plaintiff for the last 20-25 years made a request to the Chairperson of the plaintiff institution Shyam Baheti in the month of April, 2004 that he was willing to alienate the aforesaid land to the plaintiff; that thereafter in the month of June, 2004 when such request was repeate


















































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