SURENDER AGARWAL Vs. GAUTAM AHUJA & ORS

JUDGEMENT

(1.) The plaintiff is the appellant before this Court in this First Miscellaneous Appeal.

(2.) Admittedly, the plaintiff along with 33 defendants jointly purchased the suit property in equal share. It is alleged by the plaintiff that initially the plaintiff was entrusted by all the defendants to raise a multi-storied building on the suit property. A general power of attorney was also executed by all the defendants in favour of the plaintiff. Subsequently, the plaintiff found that the defendants in collusion with the local promoters are trying to make a new construction of multistoried building upon the suit property by dispossessing the plaintiff.

(3.) Immediately thereafter, the plaintiff filed the instant partition suit and also filed an application for temporary injunction for restraining the defendant no.1 from raising any construction on the suit property during the pendency of the suit and ad interim relief was also claimed by the plaintiff against the said defendant in the said application. The said application is awaiting for disposal before the learned Trial Judge.