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1983 Supreme(Raj) 403

K.S.LODHA
Dalpat Singh – Appellant
Versus
Om Prakash – Respondent


JUDGMENT

1. - This is a plaintiffs' appeal against the order of the learned District Judge. Jodhpur, dated 25-9-81 dismissing his application under Order 39 Rules 1 and 2 Civil Procedure Code read with Section 151 Civil Procedure Code The facts giving rise to this appeal briefly stated are that the plaintiffs Dalpatsingh and Babulal filed a suit for declaration that the tractor RSG 2276 and trolley RRQ 2386 are of their ownership and possession. They also prayed that a permanent injunction restraining the defendants from interfering with the plaintiffs' possession over the said tractor and trolley or to dispossess them. Along with the plaint, the plaintiffs also moved an application for temporary injunction. The case of the plaintiffs is that the plaintiffs had purchased the tractor and trolley from M/s Gulabchand Govindram and the registration of these vehicles was affected in the names of the plaintiffs. They were in possession of these vehicles and the defendants Om Prakash and Kunaram took the tractor and the trolley from the plaintiffs on loan for taking out their machine, which had fallen in to the well, a few days before 28-2-80. The vehicles were not returned by the defenda


















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