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Showing contexts for: nominee injunction in Mrs. Ravi Bala Garg And Anr. vs Mrs. Tabassum Ghazala And 7 Others on 20 January, 2025Matching Fragments
Sl. No. Original Suit Parties Name Relief Status
1.
Mahesh Chandra Gupta Vs. Sr Syed Javed Haider and others Permanent prohibitory injunction restraining defendants from selling the Bungalow No.11, Kanpur Road, Allahabad and the lease hold rights in the site to anybody else other than plaintiff and his nominee in terms of agreement dated 20.06.1976.
Decreed vide order dated 28.02.1979. Injunction was granted in favour of Mahesh Chandra Gupta. However, the decree dated 28.02.1979 was set aside vide order dated 31.03.2009 passed in Original Suit No.785 of 2001.
10. The permanent injunction order dated 28.02.1979 passed in Suit No. 231 of 1978 in respect of execution of freehold deed dated 29.03.2004 restraining defendants from selling the bungalow and lease hold rights in the site thereof to any body other than the plaintiffs or their nominee. Injunction order dated 28.02.1979 was set aside vide order dated 31.03.2009 passed in Suit No. 785 of 2001.
11. Statement was made on 30.03.2009 by Mahesh Chandra Gupta before the trial court in Suit No. 785 of 2001 that he had never filed Suit No. 231 of 1978 and had no knowledge of the order dated 28.02.1979. Injunction Order dated 28.02.1979 was a "right in personam" in favour of Mahesh Chandra Gupta. If, at all, anyone could claim rights based on injunction order dated 28.02.1979, it was only Mahesh Chandra Gupta who could have initiated any legal proceedings in respect of violation thereof. Mahesh Chandra Gupta did not file any Execution proceedings under Order 21 Rule 32 CPC for violation of Injunction Order dated 28.02.1979 against defendant Nos. 2, 3 and 4/Javed Haider, Naved Haider and Tanvir Haider.
31. It is also found that the permanent injunction order dated 28.02.1979 passed in Suit No. 231 of 1978 in respect of execution of freehold deed dated 29.03.2004 restrained defendants from selling the bungalow and lease hold rights in the site thereof to any body other than the plaintiff or his nominee. Injunction order dated 28.02.1979 was set aside vide order dated 31.03.2009 passed in Suit No. 785 of 2001. Vide order dated 26.02.2004 passed in Civil Misc. Writ Petition No. 7998 of 2004 filed by plaintiffs, this Court specifically directed ADM (Nazul), Allahabad to decide the representations of the plaintiffs (against the freehold application of the defendant No. 1). Injunction order dated 28.02.1979 was also considered by this Court. Additional District Magistrate (Nazul), Allahabad passed the order dated 27.03.2004 in compliance of the Order dated 26.02.2004 of this Court. Freehold deed dated 29.03.2004 was executed by the State of U.P. in favour of defendant No. 1 in furtherance of the order dated 27.03.2004. Further, Mr. SN. Srivastava, ADM (Nazul), Allahabad had executed the freehold deed as an authorized representative of the Governor of the State of U.P. and allegations challenging authority and competence of the said officer are found to hold no water.