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Patna High Court - Orders

Smt.Premlata Gupta & Anr vs Sanjit Kumar Gupta & Ors on 28 August, 2012

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

            Patna High Court SA No.63 of 2009 (6) dt.28-08-2012




                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                             Second Appeal No.63 of 2009
                         ======================================================
                         Smt.Premlata Gupta & Anr
                                                                          .... .... Appellant/s
                                                       Versus
                         Sanjit Kumar Gupta & Ors
                                                                         .... .... Respondent/s
                         ======================================================
                         Appearance :
                         For the Appellant/s   : Mr. Ashok Kumar
                                                  Mr. Virendra Kumar
                                                  Mr. Md.Waliur Rahman
                                                  Mr. Radha Mohan Pandey
                         ======================================================
                         CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
                         SAHOO
                         ORAL ORDER

6     28-08-2012

Heard the learned counsel for the appellant on the interlocutory application No.5284 of 2012.

The learned counsel for the appellant submitted that the second appeal has already been admitted and during the pendency of this appeal, the respondents are selling the suit property and in fact respondent No.5 has already sold a portion of the suit property by registered sale deed dated 25.11.2010 and now they are again intending to sell the suit property.

Issue notice to the respondents in injunction matter, i.e., I.A. No.5284 of 2012. The appellant shall file necessary requisites to show cause in injunction matter in ordinary process and registered post both within 2 weeks. Peremptory.

Since a portion of the suit property has already been sold and according to the allegation made in the injunction application, they are again trying to sell the property. In the meantime, it is directed that the parties shall maintain status quo.

Sanjeev/-                                                         (Mungeshwar Sahoo, J)