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1979 Supreme(Goa) 5

K.M.MISHRA
Dyneshwar Hari Masurkar – Appellant
Versus
Atmaram Babusso Pednekar – Respondent


Advocates Appeared:
S. K. Kakodkar, for Petitioner; M. S. Usgaonkar, for Respondents.

Judgement

ORDER :- This Civil Miscellaneous Application has been filed under Section 115 of C.P.C. and Article 227 of the Constitution. The matter arises in the following way.

2. The petitioner as plaintiff has brought a suit for permanent injunction. His case is that he purchased a plot of land adjoining his house by a sale deed dated 26-11-1976. He obtained licence from the Panchayat for construction of a compound wall covering his purchased land. Accordingly he engaged some masons for the construction of the compound wall on 10-10-1977. The defendants obstructed the plaintiff and the masons engaged by him from constructing the said wall. It is on those allegations the suit has been filed. In the suit plaintiff made an application for ad interim injunction restraining the defendants from obstructing the construction of the compound wall. The Court by its Order dated 15-10-1977 granted an ex parte injunction in favour of the plaintiff and against the defendants.

The defendants not only prayed for vacation of the ad interim injunction, but asked for mandatory injunction in temporary form. The Court confirmed the ex parte injunction granted on 15-10-1977 and thus disposed of plaintiffs








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