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1992 Supreme(Guj) 269

C.K.THAKKER
ADMINISTRATOR OF SHAKTI GROUP, CHANDRAKANT natverlal AGRAVAT – Appellant
Versus
HARGOVINDBHAI SHAMJIBHAI and SONS – Respondent


Advocates Appeared: S.M.SHAH, Y.S.LAKHANI

THAKKER, J.

( 1 ) ). * * * *

( 2 ) ). This Revision Application is filed for an appropriate direction quashing and setting aside the order passed by the learned Jt. Civil Judge (J. D.), amreli below Exhibit 27 in Regular Civil Suit No. 268 of 1992 passed on 4/10/1992 and also for vacating the status quo order passed by the trial Court below Exhibit 5 in that suit.

( 3 ) ). The plaintiff filed the above suit against the defendants for declaration that it is the tenant of the suit premises and for permanent injunction restraining the defendant from interfering with the possession of the plaintiff. Along with the plaint an application Exhibit 5 was also filed on 5/08/1992 for interim injunction under Order 39 Rules 1 and 2 read with Sec, 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code), restraining the defendant and/or its servants, agents or nominees from making any construction over the land belonging to the plaintiff. The learned trial Judge on the same day, passed an order directing the parties to maintain status quo and by issuing notice to the other side making it returnable on 12/08/1992.

( 4 ) ). According to the defendant such a relief could not ha





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