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2003 Supreme(All) 662

B.S.CHAUHAN
SAVITRI DEVI – Appellant
Versus
CIVIL JUDGE (SENIOR DIVISION), GORAKHPUR – Respondent


Advocates Appeared:
A.P.TEVARI, S.K.RAI CHOAUDHARY, S.S.TRIPATHY

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for issuing direction to the respondent No. 2 to attach the properties of the respondent No. 3, including those sold to the respondents Nos. 4, 5 and 6 as described at the foot of the plaint in Suit No. 1586 of 1992 and for quashing the order dated 10-11-1995, passed by respondent No. 2 to the extent that it exempted the property of respondent No. 3 from attachment which has been sold to the respondents Nos. 4, 5 and 6 in contravention of the interim order passed by the trial Court.

( 2 ) FACTS and circumstances giving rise to this case are that petitioner and respondent No. 3 are mother and son and that they had inherited the bhumidari rights in the agricultural land and there was some apprehension of both the sides that the other party may alienate the land in dispute. Suit No. 1586 of 1992 was filed by the petitioner in the trial Court, wherein application for interim relief under Order 39, Rules 1 and 2 of the Code of Civil Procedure (hereinafter called CPC) was also filed for retraining the defendant-respondent No. 3 to alienate the property. After receiving the notice of the Court, subsequent to passing of the ex parte




























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