Tue. Jan 19th, 2021

Atul Nath vs Aman Nath And Ors. on 8 October, 2015

1 min read

Through : Ms. Shobhana Takiar and Sh. Udayan
Khandelwal, Advocate.
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MS. JUSTICE DEEPA SHARMA

MR. JUSTICE S. RAVINDRA BHAT

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1. This is the first defendant’s (hereafter “Atul Nath”) appeal against an
order dated 28.03.2014 restraining him through an ad interim temporary
injunction from interfering with the plaintiff’s (hereafter “Aman”)
possession of the ground floor of the suit property, i.e. A-51, Nizamuddin
East. Both are children of the late Ashok Nath and late Sheela Ashok Nath.
The other parties to the suit are the second defendant (hereafter “Achal”),
another brother of Aman, and Anshu Chopra (hereafter “Anshu”), the
plaintiff’s sister. The fourth defendant (hereafter “Myer”) is the maternal

FAO (OS) 206/2014 Page 1
uncle of the other parties and brother of deceased Sheela Ashok Nath. Aman
had filed the suit for injunction to restrain the present appellant Atul from
interfering with the possession of the ground floor of the suit property. By
the impugned judgment and order, the learned Single Judge allowed an
application of the plaintiff Aman Nath for ad interim temporary injunction
and dismissed the present appellant’s application for vacation of the ex-parte
injunction which was preferred by him under Order XXXIX Rule 4 of the
Civil Procedure Code (CPC).

Source: Indian Kanoon

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