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1995 Supreme(Kar) 548

Hari Nath Tilhari
Jayathirth Ramacharya Gudi – Appellant
Versus
Bindumadhavacharaya Srinivasacharaya Gudi – Respondent


Advocates appeared:
R.H.Chandan Goudar, Ananth Mandagi

JUDGMENT :

Hari Nath Tilhari

1. THIS is a Revision under Section 115 of the C.P.C. from the Judgment and order dated 27.1.95 passed by the Civil Judge, Haveri in Misc. Appeal No. 21/94 (Jayathirth Ramacharya Gudi and Anr. v. Bindumadhavachar Srinivasachaiya Gudi and Ors.) dismissing the Appeal filed by defendants - 4 and 5 from the order of temporary injunction issued against them by the Trial Court i.e. the Munsiff, Haveri while disposing of I.A.Nos. 2 and 4 in Original Suit No. 165/92 vide its order dated 3.11.94. The lower Court affirmed the order of the Trial Court.

2. THE facts of the case in brief are that the plaintiffs opposite party filed the suit against defendants-1 to 3 namely i.e. the present respondents-4 to 6, claiming the decree for permanent injunction restraining defendants in the suit namely 1 to 3 and their servants or agents permanently from restoring and giving or supplying any electrical energy to the suit schedule property and the welt therein in any manner whatsoever. It may be mentioned that the following expression was also used in the relief clause: "till final decision of the matter on merits i.e. O.S. 164/91 on the file of this court". This expression wa


















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