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SUPREME COURT OF INDIA

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PETITIONER:

SARVINDER SINGH

Vs.

RESPONDENT:

DALIP SINGH & ORS.

DATE OF JUDGMENT: 02/08/1996

BENCH:

RAMASWAMY, K.

BENCH:

RAMASWAMY, K.

G.B. PATTANAIK (J)

CITATION:

1996 SCALE (6)59

ACT:

HEADNOTE:

JUDGMENT:

THE 2ND DAY OF AUGUST, 1996

Present:

Hon’ble Mr.Justice K.Ramaswamy

Hon’ble Mr.Justice G.B.Pattanaik

R.K.Kapoor, P.Verma, S.K.Srivastava B.R.Kapoor and

S.C.Patel, Advs. for the appellant

Mrs. Rekha Palli, Adv. for the Respondents.

O R D E R

Sarvinder Singh

V.

Dalip Singh & Ors.

O R D E R

Leave granted.

We have heard learned counsel on both sides.

The admitted facts are that the appellant filed suit

Case No. 253-1 before the Sub-Judge, Ferozepur for

declaration that he is the owner of the property on the

basis of a registered Will dated May 26, 1952 executed by

his mother Smt. Hira Devi and that a declaration to that

effect was already given by the civil Court in another

decree dated March 29, 1974. He filed an application under

Order 39, Rule 11 CPC for ad interim injunction