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2006 Supreme(P&H) 4268

VINOD K.SHARMA
Mohit Stone Crusher – Appellant
Versus
Phool Singh – Respondent


Advocates Appeared:
Mr. Akshay Bhan, Advocate, for the petitioner.
Mr. Shailendra Jain, Advocate, for respondents No.1 to 5.

JUDGMENT

Vinod K. Sharma, J. (Oral) - Present revision petition under Article 227 of the Constitution of India has been filed for quashing the order dated 16.3.2006 passed by the learned Civil Judge (Senior Division), Jagadhri and order dated 19.7.2006 passed by the learned District Judge, Yamunanagar whereby the learned courts below have allowed the application for ad-interim injunction filed by the plaintiff-respondents.

2. The plaintiff-respondents had filed a suit for permanent injunction restraining the present petitioner from installing any machinery for running and working any stone crusher for creating any public nuisance in the land measuring 46 kanals 9 marlas comprised in Khewat No.35, Khatauni No.62 bearing Khasra Nos. 14//12, 13, 14, 17, 18 and 19 total Kittey 6 or in any part thereof, situated in the revenue estate of village Koliwala, Hatbast No.60, Tehsil Chhachhrauli District Yamunanagar as per Jamabandi for the year 2002-03 either themselves or through their employees, agents, representatives forcibly and illegally or in any manner, whatsoever.

3. It was claimed by the plaintiff-respondents that they were permanent residents of Village Koliwala District Yamunanaga
















































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