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1988 Supreme(Bom) 65

R.A.JAHAGIRDAR, T.D.SUGLA
Krishna Yeshwant Shirodkar – Appellant
Versus
Subhash Krishna Patil & others – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---The appellant has filed a suit in the City Civil Court at Bombay, being S.C. Suit No. 304 of 1987. The suit was filed for an injunction restraining the defendants from entering into the suit premises which are business premises where the plaintiff was conducting a business described as hotel business. In practise it means a business where drinks and eatables are served to the customers. In that suit he took out a Notice of Motion bearing No. 2630 of 1987 and another Notice of Motion bearing No. 285 of 1987. These notices of motion are dated 27th of April, 1987 and 6th of January, 1987 respectively. Notice of Motion No. 2630 of 1987 was for appointment of a receiver in respect of the suit property.

2. Before we proceed to mention the circumstances leading the parties to this Court, it would be necessary to briefly mention the facts which led the appellant, hereinafter referred to as "the plaintiff" to file the suit in the City Civil Court. The plaintiff had come in possession of the suit premises under an Agreement of April 1969 entered into between the plaintiff and one Krishna Patil. On 1st of May, 1969 this agreement was reduced to writing. The pl


















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