ASHOK KUMAR SHARMA Vs. RAKESH KUMAR SHARMA

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, thereby, making a prayer for setting aside of the order dtd. 8/1/2020 (Annexure P-14), being illegal ultra- vires, void and without jurisdiction and further made a prayer that application dtd. 11/7/2019 (Annexure P-12) filed by the petitioner, for dismissal of the counter-claim, be allowed in the interest of justice.

(2.) The essential facts, to be noticed, are as herein given:-

(3.) That, initially, respondent No.1 (plaintiff before learned trial Court) had filed a suit for issuance of permanent injunction to restrain defendant No.1 (petitioner in the present revision petition) from alienating, transferring or mortgaging more than his half share and further to restrain the other defendants and their attorneys etc. from alienating, transferring or mortgaging any part of the suit property, as detailed in the headnote of the plaint.