KISHAN BHARTIA Vs. PAWAN BHARTIA

JUDGEMENT

(1.) The present appeal has been preferred against the refusal of a prayer for ad interim injunction made by the plaintiff / appellant.

(2.) In the opinion of the learned Trial Judge, as expressed in the impugned order, the claim of the plaintiff that the suit property was orally gifted to him by one Omprakash Bhartia and again claiming the same through adverse possession are oxymoronic in nature. On such ground, ad interim injunction was refused.

(3.) Learned Senior Counsel appearing for the appellant contends that the possession of the suit flat was handed over to the plaintiff / appellant by one Omprakash Bhartia who did not have title to the property. Inasmuch as the defendant nos. 1 to 9 are concerned, who are described in the plaint as the "Pawan Bhartia Group", they were the absolute owners against whom the plaintiff claims adverse possession.