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1955 Supreme(Cal) 186

R.P.MOOKERJEE, SARMA SARKAR
BIMALAPATI BANERJEE – Appellant
Versus
SAILENDRA NATH GANGULY – Respondent


Advocates Appeared:
ANIL KUMAR SETTI, Charu Chandra Ganguly, GANGANARAYAN CHANDRA, LALA HEMANTA KUMAR, MANINDRANATH GHOSH, NIRMAL CHANDRA CHAKRAVARTY

B. P. MOOKERJEE, J.

( 1 ) JOGGESWAR Banerjee, one of the opposite parties, had filed a suit in the Presidency Court, of Small Causes praying 'inter alia' that Bimalapati, petitioner in these proceedings, be ejected from premises No. 16, Blacquire Sq. , Calcutta. The suit was dismissed by the trial Judge. On appeal a decree in ejectment was passed. The defendant petitioner Bimalapati filed a Second Appeal (S. A. 513 of 1955) against the said decree. This appeal was admitted on March 11, 1955 after a preliminary hearing under Order 41, Rule 11, Civil P. C. On the same day the defendant-petitioner filed an application for restraining the plaintiff-decree-holder from executing the decree and also for an ad interim order pending the hearing of the Rule. A Rule was issued to show cause why further proceedings in execution should not be stayed. An ad interim order was passed on the following terms :"ad interim injunction is granted till 25-4-1955 for the present and will continue thereafter till the disposal of this rule if Rs. 250/- is deposited as directed. The Court below will intimate to this Court as soon as the money is deposited and retain the same pending further orders of this C

















































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