GAURAV AGARWAL Vs. HARPREET SINGH

JUDGEMENT

(1.) This Appeal is directed against the order dtd. 8/10/2021 passed by learned Civil Judge (Senior Division), Dehradun in Original Suit No. 513 of 2021. By the said order, learned trial Court has granted ex-parte injunction in favour of the plaintiff (respondent no.1 herein), restraining the appellants from creating third party interest over the suit property.

(2.) Appellants have purchased the suit property from Simran Preet Singh (respondent no.3). Plaintiff contended that he and Simran Preet Singh are joint owners of the suit property, which has not been partitioned, however the vendor has illegally sold the property by wrongly claiming to be the absolute owner.

(3.) Learned counsel for the appellants submits that the impugned order is unsustainable, as it has been passed without notice to the appellants as well as the vendor of the property, who is co-sharer of the suit property.