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1966 Supreme(Guj) 65

P.N.BHAGWATI
THAKORLAL PARSHOTTAMDAS BHAVSAR – Appellant
Versus
CHANDULAL CHUNILAL BHAVSAR – Respondent


Advocates Appeared: S.B.MAJMUDAR, V.J.DESAI

P. N. BHAGWATI, J.

( 1 ) THERE was a dispute between the petitioner and the respondent in regard to the question whether the petitioner was entitled to go through one of the rooms on the first floor let out by the petitioner to the respondent for the purpose of having access to the second floor which was in the possession of the petitioner. The petitioner filed a suit against the respondent in the Court of the Civil Judge Junior Division Baroda seeking an injunction restraining the respondent from obstructing the petitioner in going to the second floor through the room on the first floor which was in the possession of the respondent. After filing the suit the petitioner applied for an interim injunction and on the application of the petitioner ad interim injunction was granted by the learned trial Judge on 24th September 1960 restraining the respondent from obstructing the petitioner in going through the room on the first floor for the purpose of having access to the second floor with this qualification that the respondent shall be entitled to close the door of his room from 8. 00 P. M. to 7. 00 A. M. The respondent obeyed the ad interim injunction granted by the trial Court upto 2n





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