COL KALYAN SINGH (RETIRED) Vs. WIMPY INTERNATIONAL LTD

JUDGEMENT

(1.) Plaintiff (since deceased and now being represented through his Legal Representatives) has filed this suit for declaration and injunction praying therein that the agreement dated 1 st December, 1988 executed between the plaintiff, Captain H.S. Bajaj, Shri N.K. Duggal and M/s Goodwill Foods (P) Ltd. as also the dissolution deed, partnership deed, power of attorney and other documents be declared as null and void; that the defendant nos. 1 to 3 and 5 be restrained from selling, alienating, parting with possession or creating any third party interest in respect of property bearing no. 245, Udyog Vihar,Dhoondahera, Gurgaon, Haryana (hereinafter referred to as the "suit property"). It has been further prayed that the defendant no. 4 be restrained from giving permission for transfer/sale of the suit property to a third person through defendant nos. 1, 2 and 3.

(2.) Along with the suit, I.A. No. 8456/2004 under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (CPC) has been filed praying therein that the defendants be restrained from alienating, parting with possession or creating any third party interest or causing any loss to the plaintiff in respect of the suit property till disposal of the suit. Vide order dated 15 th December, 2004 defendants were restrained from creating any third party interest in respect of the suit property.

(3.) Defendant nos. 1 and 2 have filed I.A. No. 1121/2005 for vacation of the ad interim injunction order. Defendant no. 5 has also filed an application under Order 39 Rule 4 CPC being I.A. No. 2963/2005 seeking vacation of the injunction order qua the defendant no. 5 on the ground that it has no interest in the suit property.