(1.) In the instant case, the appellant assails the order dated 13th October, 2017 passed by the learned Single Judge in I.A. No.11861/2017 filed by the appellant/plaintiff herein under Order XXXIX Rule 1 & 2 of the CPC in CS(OS) 567/2017 whereby an ad interim exparte injunction sought in respect of four properties was not granted.
(2.) Sh. Sanjay Malhotra, the appellant herein had filed CS(OS) 567/2017 seeking declaration, partition, recovery of amounts upon rendition of accounts and permanent injunction against the respondents/defendants. He has impleaded his mother Smt. Jyoti Malhotra as respondent no.1/defendant no.1 and his younger brother Shri Samir Malhotra as respondent no.2/defendant no.2 in the suit.
(3.) The father of the plaintiff and the respondent no.2/defendant no.2 had expired intestate on 12th August, 2017.