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Avdesh & Ors. vs. Chandu Lal & Anr.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Appellate Court modified the order of temporary injunction upto effect that defendants can complete the construction subject to filing the undertaking that they will not claim any amount for removal of same in the event of failure in original suit–Appreciation of–Both the parties failed to satisfy as regard to right, possession and ownership of the property–Further, plaintiffs admitted the possession of respondents in their pleadings–Held, no interference would be justified in the impugned order.