Interim Order 14

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9 CS DJ 653/23
SHAMA SRIVASTAVA Vs. SH RAJESHWAR NARAIN AND
13.01.2025
Present: Sh. Abhay Kumar, Ld. Counsel for the plaintiff.
None for the defendant despite repeated calls.
Ld. Counsel for the plaintiff states that an application under
Order 1 Rule 10 CPC has already been filed on record and even proposed
defendants, namely, Sh. Rishi Pal Sharma and Sh. Abhay Yadav
appeared on the last date of hearing. He further states that copy of plaint
was also supplied to them as per last direction.
2. It appears that the said proposed defendants are not
interested to contest the present application that is why they did not
appear.
3. Ld. Counsel for the plaintiff states that there is strong
apprehension that the said proposed defendants may demolish the suit
property or sell it to some other person to create 3rd party interest.
Accordingly, arguments on the said application heard.
4. The present suit was filed by the plaintiff for the relief of
declaration, permanent and mandatory injunction by claiming that the
plaintiff is joint owner of the suit property and the defendants may be
restrained to create 3rd party interest. It is further stated that around 15
persons who were the other joint share holders executed a sale deed in
favour of proposed defendants, namely, Sh. Rishi Pal Sharma and Sh.
Abhay Yadav without the consent of the plaintiff. Copy of said sale deed
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