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2000 Supreme(HP) 155

M.R.VERMA
MOON HOTEL PVT. LIMITED – Appellant
Versus
VENU BAKSHI – Respondent


Advocates Appeared:
For the Applicant:M/s. R.L. Sood & Sushil Kukreja, Advocates; For the Respondents:Mr. Bhupender Gupta, Senior Advocate with Mr. Deepak Gupta and Mr. Neeraj Gupta, Advocates.(for R. No. 1). Ms. Abhilasha Kumari, Advocate (for R. No. 2)

JUDGMENT

(M.R. Verma, J.):- By this application, the plaintiff-applicant (here- in after referred to as the applicant) has prayed for restraining the defendant-respondent No.l (hereafter referred to as the respondent) from carrying out any construction/development work whatsoever on Khewat No.21, Khatauni No. 30 min, khasra Nos. 474,475,476 and 477 situate in mauza Mehal Station Ward, Shimla, Up Mohal, Kali Ban, Teh. & Distt. Shimla till the disposal of the suit and mandatory injunction directing her to fill up the pits and take steps to ensure that no water seeps into the retaining wall of the applicant and the foundation of building known as Hotel Palace, Fingask Estate, Shimla. It is averred that the applicant has filed a civil suit for permanent prohibitory and mandatory injunction which discloses that the applicant has a very good prima-facie case which is likely to succeed in all probabilities, that in case stay is not granted irreparable loss and injury will be caused to the applicant which cannot be adequately compensated in terms of money and that the balance of convenience is in favour of grant of injunction as prayed for.

2. The suit filed by the applicant, as referred to













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