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Dharamchand & Ors. vs. Champalal

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Order of granting the temporary injunction by the Appellate Court–Appreciation of–Suit for permanent injunction–Observation of Appellate Court that plaintiff is having the patta issued by Municipal Council and he has availed the loan from the bank by mortgaging it–Defendant was not in possession of the plot–Alleged sale made in favour of defendant was on the stamp of Rs. 100/- and it was not registered–He failed to produce any document of title–Trial Court failed to consider the issues of balance of convenience and irreparable injury–Held, no error is found in the impugned order passed by the Appellate Court.