ASHOK KUMAR MODI Vs. SHIVRATAN SWAMI

JUDGEMENT

(1.) By way of present writ petition, petitioners have challenged the order dtd. 6/12/2021, whereby application dtd. 30/11/2021 filed by the present petitioner - defendant No.1 under Order XIX Rule 1 and 2 of the Code of Civil Procedure (for short 'the Code') has been dismissed.

(2.) The facts in brief are that the plaintiff (respondent No.1 herein) instituted a suit for cancellation of sale deed along with an application under Order XXXIX Rule 1 and 2 of the Code.

(3.) During the pendency of application for grant of temporary injunction under Order XXXIX Rule 1 and 2 of the Code, respondent - plaintiff submitted written arguments in which it was indicated that co-defendants Smt. Tara Devi, Vimla, Anita, Sunita et. al. have stated in para No.22 of their written statement that the power of attorney dtd. 20/12/2003 had been withdrawn and an intimation to this effect was given to the defendant No.1 - Ashok Kumar Modi (petitioner herein) on 12/1/2005.