ASHOK KUMAR Vs. VIMAL KUMAR
LAWS(RAJ)-2014-6-12
HIGH COURT OF RAJASTHAN
Decided on June 26,2014

ASHOK KUMAR Appellant
VERSUS
VIMAL KUMAR Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties. Mr. S.L. Jain, learned counsel for the appellant, has moved an application for dispensing with the service of the respondents No. 13 to 46. By way of the application, it is claimed that the contesting parties are only the respondents No. 1 to 12, therefore, the service on the respondents No. 13 to 46 may be dispensed with.
(2.) MR . Sajjan Singh has entered caveat on behalf of the respondents No. 1, 2, 3 & 9. The instant appeal has been preferred by the appellant/plaintiff against the order dt. 13.3.2014 passed by the learned Additional District Judge, Sujangarh in Civil Misc. Case No. 2/2014 whereby the application filed by the appellant/plaintiff under Order 39 Rule 1 & 2 C.P.C. seeking temporary injunction was dismissed.
(3.) FACTS in brief are that the plaintiff/appellant filed a suit for declaration, cancellation of will dt. 10.7.1991 and permanent injunction in the Court of Additional District Judge, Sujangarh. An application under Order 39 Rules 1 & 2 C.P.C. was also moved along with the suit seeking temporary injunction with the prayer to restrain the defendants from alienating, transferring the suit premises and from making alterations/raising construction therein. It was also prayed that the defendants be restrained from interfering in the right of the appellant and his family members to use and enjoy the suit property.;


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