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Santosh & Anr. vs. Balwan Singh & Ors.

38.00 3.80

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rejection of application–Land in dispute was sold by M upto his extent in joint family property–Family need was mentioned in sale deed–Allegation that the sale deed was got executed in intoxiation, cannot be accepted as M is alive and suit was not filed by him–Whether M was competent to sell the property or not, is not to be considered at the stage of granting temporary injunction–Further, co-sellers were not made party–Powers of granting temporary injunction are discretionary–Interference declined.