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1995 Supreme(Del) 688

DEVENDER GUPTA
ESSEX FARMS PRIVATE LIMITED – Appellant
Versus
DELHI TRANSPORT CORPORATION – Respondent


Advocates Appeared:
Ajay Verma, S.K.Luthra

Devinder Gupta

( 1 ) THESE are two applications, one by the plaintiffs under Order 39 Rules 1 and 2 of the Code of Civil Procedure (in short "the Code") for injunction directing the defendant to provide access to the plaintiffs, their agents, employees, patrons and other visitors to/from the South gate of the property on the street connecting Panchsheel Marg and Azad Apartment/kalu Sarai Road and restraining them from, in any manner, interfering with and/or obstructing ingress and egress of the plaintiffs from the South gate upto the public street. The other application is under Order 39 Rule 4 of the Code filed by the defendant for vacating the ex parte order of injunction which was granted in mandatory form.

( 2 ) THE plaintiffs in the suit have alleged that plaintiff No. I and late Shri R. N. Goyle owned and possessed the premises bearing No. 4, Aurobindo Marg, New Delhi. Plaintiff No. 2 is one of the heirs of Shri R. N. Goyle. Plaintiff No. I is engaged in the business of manufacturing, processing and sale of food products and other allied products, retail outlet therefor, restaurant, conference facilities/banquet hall etc. from the property in question, which comprises of appro





















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