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Asmat Nazeer (Smt.) & Ors. vs. Mohd. Umar & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Grant of temporary injunction–Appreciation of–Suit for cancellation of sale deed and permanent injunction–Case of plaintiff that land in question was gifted to him by his father through oral gift–Suit was filed after 24 years–Plea set up by plaintiff is not making the prima facie case for granting temporary injunction–Held, order is modified in term that the defendants can carry on any construction or repair work–However, they shall not alienate the property in dispute in favour of any third party.