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1974 Supreme(Kar) 176

GOVINDA BHAT
SUGANDA BAI – Appellant
Versus
SULU BAI – Respondent


Advocates:
A.M.Farooq, Balakrishna Rao, K.APPA RAO

( 1 ) THIS revision preferred by the plaintiff arises out of an application made by defendant 1 for temporary injunction restraining the plaintiff from interfering with her alleged possession of the suit properties.

( 2 ) THE plainiff brought a suit in the Court of the Munsiff at Aland for a permanent injunction restraining the defendants from interfering with her possession. The cause of action as stated in the plaint is that the defendants begen to interfere with the plaintiff s possession in the year 1970. After the suit was filed, the plaintiff did not ask for any temporary injunction. In the year 1973, defendant 1 made an application under Or. 39, Rr. 1 and 2, read with S: 151, CPC, for grant of a temporary injunction restraining the plaintiff from interfering with the defendants' possession of the suit property that application was allowed by the trial Court and the said order was confirmed by the appellate Court. It is against the said order of the court below that this revision petition has been filed.

( 3 ) NOW the principles, under which a defendant may seek and obtain an order of temporary iniunction against the plaintiff, are stated in Collison v. Warren, 1901 1 Chd 812





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