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1997 Supreme(HP) 110

KAMLESH SHARMA
MOHAN LAL – Appellant
Versus
CANTONMENT BOARD, KASAULI – Respondent


Advocates Appeared:
Mr. Kuldeep Singh, for the Petitioners; Mr. L.C. Sood, for the Respondents.

JUDGMENT

KAMLESH SHARMA, J.—Petitioners are plaintiffs, who have filed civil suit in i the court of Sub-Judge 1st Class, Solan for permanent prohibitory injunction restraining respondent-defendant Cantonment Board, Kasauli, Tehsil Kasauli, District Solan from dispossessing them from their respective shops or from interfering with their respective business and putting the said shops to auction on 24-2-1997, as mentioned in auction notice No. CBK/Bldg/3-1434 dated 3-2-1997 either by itself or through its agents, servants and officials. In the Civil Suit an application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. has also been filed for interim injunction order, which was dismissed by the Sub Judge on 10-3-1997. The appeal against the order of the Sub Judge has also been dismissed by the District Judge, Solan by the impugned judgment dated 20-3-1997. Hence, the present revision petition under Section 115 C.P.C.

2. It is not in dispute that the petitioners are transacting business in the shops in question, which are of the respondent Board. Admittedly, earlier the shops used to be allotted in public auction but lately these were given under private treaty entered between t










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