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1985 Supreme(Raj) 819

P.C.JAIN
Roshan Lal – Appellant
Versus
Banwari Lal – Respondent


JUDGMENT

1. - This second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 17th April, 1985, passed by the learned Addl. District Judge No. 2, Alwar, camp: Behror, in Civil Appeal No. 23 of 1984, by which he confirmed the judgment and decree dated 26th February, 1984, passed by the learned Munsif & Judicial Magistrate, Behror in Civil Suit No. 9 of 1984, dismissing the suit of the plaintiff-appellants

2. Briefly stated, the facts of the case are that the plaintiff appellants filed a civil suit for permanent injunction against the defendants-respondents in the Court of Munsif & Judicial Magistrate, Behror restraining the defendants from using electric hammer in their shop which is situated adjoining to the plaintiff's shop. It is averred in the plaint that the two shops, one owned by the plaintiffs and the another owned by the defendants, are adjoining to each other & are separated by a thin wall. The plaintiffs are doing gold smith work in the shop and the defendants have installed an electric hammer the shop. The defendants-respondents started hammering iron by heavy electric hammer. It is alleged that due to hammering of i









































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