RAVI RAJ GUPTA Vs. HANSRAJ GUPTA

JUDGEMENT

(1.) The present appeal lays a challenge to an order dated 17th February, 2009 whereby the learned Single Judge has held that the suit filed by the plaintiffs is not maintainable being frivolous and dismissed the same with costs of Rs.50,000/- to be paid to the defendants equally.

(2.) The facts giving rise to the suit are in a narrow compass. CS (OS) No.1944/2003 was filed on or about 10th November, 2003 by the appellants seeking the following prayers:- (a) Issue an order of permanent injunction in favour of the Plaintiffs and against the Defendants herein restraining the Defendants from acting upon the Board Resolution dated 12/01/02. (b) issue an order of permanent injunction restraining the Defendants 2-4 from dispossessing the Plaintiffs from the said premises. (c) issue an order of permanent injunction restraining Defendant No.5 from taking any steps pursuant to any directions issued by the Defendants in accordance to the said Board Resolution to the said premises; (d) A declaration declaring that the Board Resolution dated 12/01/02 is null and void. (e) Issue such other orders or directions as the Hon'ble Court may deem fit, proper and appropriate and considering the facts and circumstances of the present case.

(3.) It appears that Late Hansraj Gupta and his four sons, namely, Shri Desh Raj Gupta-appellant no.2 herein; Shri Shiv Raj Gupta-respondent no.2; Shri Rajender Kumar Guptarespondent no.3 and Shri Mahendra Kumar Gupta-respondent no.4, constituted Hansraj Gupta & Sons, a Hindu Undivided Family (HUF). Shri Ravi Raj Gupta-appellant no.1 herein is the son of Shri Desh Raj Gupta, the appellant no.2.