SAHIL SINGH MANIKTALA Vs. HARPREET SINGH

JUDGEMENT

(1.) This appeal is directed against impugned order dated 17.12.2004 passed in appellants' IA No.8627/2004 in Suit No.1471/2004 issuing notice to respondents (defendants) for 11.2.2005 and at the same time providing that any transfer of interest of the share of plaintiff Nos.1 & 2 in property bearing No.Okhla factory S-80, Okhla Industrial Area, Phase-II, New Delhi would be subject to the outcome of the application.

(2.) Appellants had filed a suit for partition and rendition of accounts and permanent injunction of the ancestral/joint family properties and businesses. Along with this suit they also filed IA No.8627/2004 for ex-parte interim directions that respondents (defendants) be restrained from alienating the property as detailed in Schedule-A attached thereto.

(3.) Appellants' grievance is that learned Trial Judge had only issued notice of the application to defendants and had not granted the ex-parte stay for the entire properties as enlisted in Schedule-A and by doing so had fallen in error by not appreciating their prima facie case and that the balance of convenience also lay in their favour. The learned Trial Judge had also overlooked that the matter was urgent and grant of interim protection would not brook any delay. Notice of this appeal was issued to respondents who were restrained from selling, transferring, alienating or creating any third party interest in the property in question by Court order dated 27.12.2004.