RAVINDRA NATH GARG Vs. M/S SAI FORTUNE DEVELOPERS PVT. LTD. AND 2 OTHERS
LAWS(ALL)-2015-9-285
HIGH COURT OF ALLAHABAD
Decided on September 30,2015

Ravindra Nath Garg Appellant
VERSUS
M/S Sai Fortune Developers Pvt. Ltd. And 2 Others Respondents

JUDGEMENT

Manoj Kumar Gupta, J. - (1.) The relief claimed in this petition is for a direction to the trial court to decide the application under Order 39, Rule 1 CPC, filed by the petitioner in Original Suit No. 106 of 2015, expeditiously and to restrain defendant-respondent no. 1 for causing any interference in the peaceful possession of the petitioner, over the suit property.
(2.) The suit, referred to above, has been instituted by the petitioner for declaration of sale deed dated 26.6.2014 in favour of the defendant no. 1 to be illegal, collusive and void at least to the extent it relates to the land belonging to the plaintiff and for prohibitory injunction restraining the defendants from interfering in the possession of the plaintiff. Therein, an application for temporary injunction, paper no. 6-C was also filed. The defendants have appeared in the proceedings and are contesting the same be filing written statement.
(3.) A perusal of the record of the petition reveals that on an application filed by defendant no. 1, the trial court has passed an order for issue relating to valuation and court fees payable, being decided as preliminary issues. The injunction application has not been disposed of so far.;


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