Yasufali Usmanali Siddiqui Vs M/S Universal Hydraulics and Anr.

Mr. Rakesh Kumar @ Soni Kumar i/by Shri Sunil G. Kumar, advs., for the Appellant. Mr. A.A.Joshi i/by S.S.Joshi, advs., for the respondent nos.1 and 3. Shri Nitin Mulye, adv. For the R.No.2.

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CORAM : J.H.Bhatia, J. DATE : 20th September, 2010

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P.C.:

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1 The plaintiff filed notice of motion seeking

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temporary relief restraining the respondents from creating any third party interest in the suit property, which was purchased by the defendant nos.2 and 3 in the name of the defendant no.1/registered partnership firm. The trial Court refused to grant ad-interim relief pending the notice of motion. That order is challenged in the present appeal. Notice of motion is still pending. The learned counsel for the respondent nos.1 and 3 made a statement that the firm is not immediately taking any steps either to dispose off the property or to create third party interest but at the same time he contended that in

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2

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view of the fact that property itself was purchased in the name of the firm, no injunction can be granted. In view of this contention and in view of the nature of the property, I am not inclined to interfere in the

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impugned order refusing ad-interim relief.

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2 Therefore, the appeal as well as the application stand dismissed. The trial Court shall expedite the hearing of the notice of motion and dispose off the same within eight weeks on its own merits without being influenced by any observations made by it in the order refusing ad-interim relief and also by any observations made in this order.

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(J.H.BHATIA, J.)

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3

Yasufali Usmanali Siddiqui v. M/S Universal Hydraulics and Anr.

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Yasufali Usmanali Siddiqui v. M/S Universal Hydraulics and Anr.

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