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2018 Supreme(P&H) 4285

B.S.WALIA
Hari Chand – Appellant
Versus
Panchayat Mohalla Soodan – Respondent


Advocates Appeared:
Viren Jain, Advocate, for the Petitioner; Shailender Mohan, Advocate, for the Respondent

JUDGMENT

B.S. Walia, J. - Challenge in this revision petition is to order dated 07.07.2017 (Annexure P-3) and order dated 06.11.2017 (Annexure P-8) passed by the learned Civil Judge (Junior Division), Ludhiana in Civil Suit No.CS-2633 of 2007 titled as "Panchayat Mohalla Soodan vs. Hari Chand" dismissing application dated 18.07.2017 (Annexure P-4) filed by the defendant-petitioner to vacate the ex parte interim injunction order dated 07.07.2017 (Annexure P-3) on account of non compliance with the mandatory provisions of Order 39, Rule 3 CPC. Prayer is for setting aside the impugned order and for vacating the ex parte interim injunction order dated 07.07.2017 for non compliance of Order 39, Rule 3 CPC by allowing the application (Annexure P-4).

2. Brief facts of the case leading to the filing of the present petition are that civil suit titled as "Panchayat Mohalla Soodan vs. Hari Chand" was filed by the respondent/plaintiff claiming possession of suit property as also injunction restraining the petitioner/defendant, his agents, attorneys, associates from making any change in any manner in the suit property. Along with the suit, the respondent/plaintiff filed an application under Orde

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