BHUNESHWAR PD. GUPTA Vs. JAGESHWAR PD. GUPTA

JUDGEMENT

(1.) Heard learned counsel Mr. Bhuwneshwar Prasad for the appellant and the learned counsel Mr. Vishal Saurav for respondents No. 1 series on I.A. No. 5824 of 2013

(2.) This interlocutory application has been filed by the plaintiff-appellant under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying therein to restrain the respondents 1(b), 1(c) and 1(d) from transferring or damaging the suit property.

(3.) Learned counsel Mr. Bhuwneshwar Prasad for the appellant submitted that the Court below has wrongly dismissed the plaintiffs suit for partition and the purchasers from the respondents who have been added as party respondents herein are now making construction on the purchased portion and further that respondent No. 1 series are also making construction on the suit property and, therefore, if they are not restrained from either making any new construction or from transferring the suit property the appellant shall suffer serious loss and irreparable injury. Learned counsel further submitted that during the pendency of this appeal, the respondents No. 2 and 3 have already transferred some of the properties and the sale deeds have been annexed as A as Annexure 1 to this interlocutory application.