ANURUDDHAVIR SINGH Vs. SINGH ESTATE PVT LTD

JUDGEMENT

(1.) THIS is an appeal arising out of judgment and order dated 17-8-92 passed by Civil Judge, Agra in OS. No. 578 of 92 of that court, whereby he has rejected the application of the plaintiff-appellant to grant interim injunction in his favour.

(2.) THE plaintiff filed O.S. No. 578 of 92 in the court of the learned Civil Judge wherein he prayed the following reliefs J- (A) THE defendants no. 1, 2 and 5 may be ordered to leave the property in suit and not to transfer by way of sale or otherwise the property in suit or any part thereof to any person and not to carry out further constructions on the land in suit and not to damage or destroy the boundary wall, room, temple and well in suit. (B) THE defendant no. 1 may be ordered to remove the constructions raised on the property In suit within the time fixed by the court and in default, they may be ordered to be demolished in court. (C) Cost of the suit may be awarded to the plaintiff against the defendants. (D) Any other relief as the court may deem just and proper, may also be granted to the plaintiff against the defendants.

(3.) ALONG with the suit an application for the interim injunction was also moved by the plaintiff in which it was prayed as follows :- (a) that the defendant no. 1, 2 and 5 be ordered not to transfer by way of sale or otherwise the property in suit or any part thereof to any person. (b) Defendant bo. I be ordered not to carry out further constructions on the land in suit and (c) Not to damage or destory the boundary wall, room, temple and well in suit till the disposal of the case finally,