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1993 Supreme(Kar) 221

A.B.MURGOD
BASHEER AHMED SHARIF – Appellant
Versus
MOHAMMED YOUSUF – Respondent


Advocates:
S.K.Joshi, V.TARKARAM

A. B. MURGOD, J.

( 1 ) THIS appeal, under Order 43, Rule 1 (r), CPC, is directed against the order dated 13-7-1993 passed in O. S. No. 1993/93 on the file of the learned 15th Additional City Civil Judge, bangalore, allowing I. A. II filed under Order 39, Rules 1 and 2, cpc and granting interim injunction restraining the appellant from interfering with the peaceful possession and enjoyment of the suit schedule property by the respondents.

( 2 ) THE facts giving rise to this appeal are:the appellant filed a petition in HRC 10477/93 in the court of the Additional Small Causes Judge, Bangalore City against respondent 1 and obtained an order of eviction in respect of the premises involved in the present proceedings on 18-8-1990 after protracted litigation for 7 years. Respondent-1 came up in revision before this court in CRP No. 5414/90 and on a compromise the present appellant agreed to grant time upto 1-6-1993 to vacate the premises. On a joint memo filed before this court time to vacate the premises was allowed upto 1-6-1993 and eviction order was confirmed by dismissing the revision petition on 31-1-1991.

( 3 ) RESPONDENT-1 on the allegations that eviction decree wouldbe executed aga













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