JUDGMENT - PATIL G.D., J.:—This appeal against order purported to be filed under Order XLIII, Rule 1(r) of the Civil Procedure Code, is directed against the order dated 12-8-1991 passed below Ex. 23 by the learned Additional District Judge, Amravati in Misc. Civil Appeal No. 101 of 1990.

2. The respondent/plaintiff filed Regular Civil Suit No. 903/1990 praying for declaration and permanent injunction against the present appellants/original defendants. In the civil suit the plaintiff also filed an application under Order 39, Rules 1 and 2 of the Civil Procedure Code praying for temporary injunction restraining the defendants not to interfere, disturb or obstruct or remove in any manner the structure and fittings and machinery and the peaceful possession of the premises and the property held and also not to interfere the business and transaction of the plaintiff and further prayed for prohibitory and mandatory order restraining the defendants and their men from demolishing or removing or damaging in any manner the property and partition. This application Ex. 5 was decided by an order dated 4th September, 1990 whereby the trial Court has rejected the request.

3. Being aggrieved, plainti

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