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1997 Supreme(Del) 79

S.N.KAPUR
KATHURIA BROTHERS – Appellant
Versus
AMBA PRASAD SHARMA – Respondent


Advocates Appeared:
M.S.Vohra, NITIN TAMBWEKAR

S. N. Kapoor

( 1 ) THIS revision petition is directed against an order in appeal restraining the defendants from putting any stool in the passage having width 3" x 8".

( 2 ) THE defendants/petitioners have a shop No. 5665, Chowk Gandi Market, Sadar Bazar and in front of that shop there is a passage having width of 3 x 8". Across the passage, the plaintiff has been vending his wares on a phar . Earlier the plaintiff wanted to raise the height of his wooden stool which might have obstructed the view of the shop of the defendants. After a suit was filed an agreement was reached between the parties at that stage that neither the plaintiff should keep any opening of his phar towards the passage in front of the shop defendant nor would he raise the height of his phar . The plaintiff/respondent has filed the present suit subsequently for grant of injunction restraining the defendant from putting any wooden stool or ice box or any other articles in the common passage existing between the shop of the defendants and the phar of the plaintiff. Initially in junction was granted after hearing both the parties holding that it was a public passage and the defendant was restrained from putti







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