ANIL NAHAR Vs. VIJAY NAHAR

JUDGEMENT

(1.) These Appeals have been preferred by the Appellants being aggrieved by the Common Order and Decree passed in O.A. Nos. 47 & 48 of 2012, dated 27.6.2012, by which an order of injunction was granted against the alienation and encumbrance over the suit properties. The Appellants herein are the Defendants in the Suit. A Suit is laid by the Respondent for partition and separate possession. The suit properties, namely, Items 1 & 2 of the 'A' Schedule properties, were purchased in the name of the Second Appellant. The Second Appellant is the Company registered under the Companies Act, 1956.

(2.) Earlier, Applications were filed by the Respondent seeking an order of injunction. This Court, by a detailed order in O.A. Nos. 84 & 85 of 2004, granted an order of injunction against alienation alone. In the said order, the learned Single Judge has specifically stated that the prayer sought for against encumbrance cannot be granted. The said order of the learned Single Judge has become final between the parties.

(3.) Thereafter, the present Applications, namely, O.A. Nos. 47 & 48 of 2012 have been filed by the Respondent before the learned Single Judge, seeking an order of injunction against the proposed alienation and encumbrance as well. The learned Single Judge allowed both the Applications and hence, the present Appeals.