Final Order 1

Order Details: Notice of Motion
Pdf Text: Order passed below N/M no. 1431/19 This Notice of Motion has been taken out by the Plaintiff for
restraining Defendant nos. 2 to 4 from issuing letter of allotment to Defendant no. 1 temporarily and
further for restraining Defendant no. 1 temporarily from creating third party interest over suit flat
no. 1003 alongwith other reliefs. It appears from submission of the adv for the Plaintiff as well as
Defendant no. 1 that already Defendant nos. 2 to 4 have issued letter of allotment in favour of
Defendant no. 1 and Defendant no. 1 is in the possession of suit premises i.e flat no. 1003. There is
no reply tendered to this N/M by the defts, as already letter of allotment has been issued in favour of
Defendant no. 1, prayer clause (a) has become infructuous. Further Prime facie it reveals that the
Plaintiff is claiming his rights in the suit premises alongwith Defendant no. 1, as old premises was
in the name of father of Plaintiff and Defendant no. 1. In such circumstance as now Defendant no. 1
is in possession of flat no. 1003, the Plaintiff has made out Prime facie case in respect of not to third
party interest over the suit premises by Defendant no. 1. Thus, this N/M is to be made partly
absolute. With this I proceed to pass the following order. Order 1. Notice of Motion No. 1431 of
2019 is made partly absolute. 2. Defendant no. 1 is hereby temporary restrained from creating any
third party interest over the suit premises i.e flat no. 1003. 3. Notice of Motion No. 1431 of 2019
stands disposed of accordingly.
Sd/-
Judge
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