NARENDRA KUMAR BERLIA Vs. OM PRAKASH BERLIA

JUDGEMENT

(1.) The above appeals are taken up together for their interconnectiveness. These appeals arise out of the order dtd. 17/5/2022, passed by the Hon'ble Justice Krishna Rao in IA GA. 12 of 2022 in C.S. 12 of 2009 and order dtd. 4/10/2021 passed by the Hon'ble Justice Moushumi Bhattacharya as her ladyship then was in IA. GA 9 of 2021 in C.S. 12 of 2009. As the Appeal APO No-102 of 2022 was preferred against the Order dtd. 4/10/2021 passed by the Hon'ble Justice Moushumi Bhattacharya in IA. GA. 12 of 2022 in C.S. 12 of 2009 refusing to pass an order of injunction restraining sale of land at Thane and during pendency of the Appeal Land at Thane had already been sold, the Appeal APO No. 102 of 2022, has become infructuous and is treated as disposed of without further discussion. The instant appeal APO-113 of 2022 arises out of the interlocutory Order dtd. 17/5/2022 passed by a Learned Single Judge of this Court wherein the Learned Judge was pleased to dismiss the application being IA GA 12 of 2022 in C.S. 12 of 2009 where the plaintiffs prayed for the following reliefs.

(2.) During pendency of the above application GA 12/2022, the subject land with regard to which relief was sought by the Plaintiffs/Appellants, was disposed by the defendant/respondent no-15 by executing 3 deeds of conveyance on 31/3/2022.

(3.) The Learned Judge while dismissing the application filed by the Plaintiffs/Appellants was pleased to observe as follows: