Apex court digest - Jan.2017 [4],
Or.39, rule 1 and 2 C.P.C. - suit for injunction - interim application for interim injunction - Trial court rejected - High court granted - Apex court set aside the High court and restore the trial court order- The Plaintiff along with his Maternal grand-mother are in use, occupation and possession of the premises-The Defendant Nos.1, 2, 3 and 5 are the Paternal uncles of the Plaintiff’s mother -Defendant No.6, is a son of the Defendant No.5 and Defendant No.4 is the sister of Defendants1,2,3 and 5 -Mohammed Ali H. Tejani (called the said Deceased) was a Co-owner along with Defendant Nos.1 to 5 in respect of a Plot of Land bearing Plot No.202-D, along with the building comprising of ground with one upper floor-The said deceased executed a Will dated 28th September 1991 under which the deceased bequeathed his 1/7th share in the plot of land in favour of...