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2006 Supreme(Guj) 166

P.B.MAJMUDAR
STERLING CENTRE PREMISES OWNERS CO-OP. SOCIETIES LTD. – Appellant
Versus
NANUBHAI R. SHAH - PROP. OF DASH PUBLICITY – Respondent


Advocates Appeared: MIHIR JOSHI, S.P.HASURKAR

P. B. MAJMUDAR, J.

( 1 ) BY filing this Revision Application under Sec. 115 of the Civil Procedure Code, original defendant No. 2 has challenged the order passed by the 2nd Joint Civil Judge (Senior Division), Vadodara below Exh. 26 in Regular Civil Suit No. 160 of 1997.

( 2 ) THE respondent herein is the original plaintiff of the aforesaid suit. The said suit was filed for a declaration and injunction on the ground that an agreement was entered into between the plaintiff, who was doing advertising business, and original defendant No. 2 (the petitioner herein) to allot some place for placing the advertisement hoardings in the premise of defendant No. 2 for which, according to the plaintiff, a considerable amount was also paid. According to the plaintiff, in spite of the fact that the agreement was executed between them, defendant. No. 2 is not allowing the plaintiff to place such hoarding. Plaint of the suit is annexed with this revision application at page 1. In the prayer clause of the plaint, the plaintiff has sought for declaration and injunction. A declaration is sought for in the suit to the effect that defendant has no right to remove or damage the hoarding or board displaye






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