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1981 Supreme(Bom) 321

C.S.DHARMADHIKARI, V.S.DESHPANDE
Obedur Rehman & another – Appellant
Versus
Ahmedali Bharucha & others – Respondent


JUDGMENT - V.S. DESHPANDE, J.:---This Letters Patent Appeal is directed against the rejection of appeal against order being Appeal No. 905 of 1981. It is not necessary to give detailed facts of the present appeal.

2. The plaintiff-appellants herein filed a Suit No. 6279 of 1981 in the City Civil Court at Bombay for obtaining injunction against the defendants. During the pendency of the said suit, the plaintiffs applied for interim injunction. That prayer for interim injunction was rejected by the City Civil Court at Bombay. Against the rejection of that order, the plaintiffs filed an appeal against order and that appeal against order was dismissed on November 26, 1981. It is this order which is being challenged in this Letters Patent Appeal by the plaintiffs-appellants.

3. At the time of admission, a preliminary objection is taken that the Letters Patent Appeal is not maintainable. In all such matters, which came before us prior to this one, we had held, so by our orders because, in some matters the Counsel conceded that the appeals are not maintainable.

4. In this appeal, Mr. Kapadia, the Learned Counsel, who appears for the appellants, has addressed the arguments in support of the














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