LAWS(DLH)-2007-5-108

CAPRICORN ONE Vs. RAGHBIR SINGH

Decided On May 15, 2007
CAPRICORN ONE Appellant
V/S
RAGHBIR SINGH Respondents

JUDGEMENT

(1.) THE present appeals arise out of different orders passed in Civil Suit No. 2280/1991 titled Capricon One and Anr. v. Raghbir Singh and Ors.

(2.) FAO (OS) No. 276/1995 has been filed by M/s. Capricorn One and Mr. I.S. Bawa against order dated 16th October, 1995 disposing of injunction application is No. 8803/1991 and Anr. similar application being is No. 8561/1995. By the said order, learned Single Judge partially allowed the injunction application, inter alia, holding that the defendant Mr. Raghbir Singh who is the respondent No. 1 in appeal No. 276/1995 should be restrained from selling the property comprised in khasra No. 207 as per the description given in the plaint. In view of the stand taken by Major Bhajan Pratap Singh and Ms. Usha Pratap Singh, the respondent Nos. 2 and 3 in this appeal, who were also imp leaded as parties to the suit by the same order dated 16th October, 1995, learned Single Judge held that the said defendants claim their right in respect of property purchased by them from Mr. Raghbir Singh, in khasra No. 162 and the said khasra is no subject matter of the suit and, thereforee, the appellants -plaintiffs have nothing to do with the said land. Accordingly no injunction order was passed against the Respondent No. s 2 and 3 herein.

(3.) FAO (OS) No. 378/1999 is directed against order dated 27th July, 1999 passed in is No. 3900/1997 dismissing the application filed by Capricorn One, under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Act, for short).