This appeal is directed against the exparte injunction granted by the learned Deputy Commissioner (J), Nagaland by its order dated 1.9.98 passed in Civil Misc Case No. 7 of 1998 arising out of Civil Suit No. 1 (DC) of 1998. This appeal has been preferred by the defendant.

2. The appeal was originally filed at Principal Seat on 10.11.98 and the learned Single Judge by its order dated 10.11.98 stayed the operation of the exparte injunction granted by the learned Court below. The learned Single Judge ordered that the exparte injunction granted by the learned Court below shall remain in abeyance for 7 (seven) days from that date, and further directed that the case records be transmitted to Kohima Bench immediately.

3. By another order dated 16.11.98, the learned Single Judge at Principal Seat modified the interim order dated 10.11.98 to the extent that the order passed on 10.11.98 shall remain in force till the case records are placed before this Bench at Kohima. The case records was ultimately received on 18.11.98 by this Bench, and at suggestion of counsel of both sides, it was listed on 20.11.98 for hearing the parties.

4. Accordingly, I have heard Mr. BN Sarma, learned counsel for the

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