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2000 Supreme(All) 459

J.C.GUPTA
NIGAM DAS – Appellant
Versus
ADDITIONAL DISTRICT JUDGE, I, JAUNPUR – Respondent


Advocates Appeared:
B.P.SINGH, D.P.SINGH, P.Padia, R.G.PADIA, Umesh Vats

J. C. GUPTA, J.

( 1 ) THIS is defendants petition for quashing the order dated 31. 3. 1998 passed by respondent No. 1 in Misc. Civil Appeal No. 47 of 1996 whereby the respondent No. 1 has allowed the appeal after setting aside the order dated 16. 1. 1996 passed by the trial court rejecting plaintiffs application for ad-interim injunction. The lower appellate court has restrained the petitioners from causing any interference in plaintiffs carrying on the business of the firm M/s. Baiju Sav Nigam Das and m/s. Shanti Sahu and others in the disputed shop till the disposal of suit and has also directed them to open the lock of the shop.

( 2 ) RESPONDENT Nos. 2 and 3 filed Suit No. 310 of 1994 against the petitioners for permanent injunction restraining the defendants from causing interference in plaintiffs right of carrying on their business in the shop in question and not to lock the same. The case of the plaintiff in short was that the shop in question was the ancestral property of the parties : that respondent No. 2 anirudh Kumar and petitioner No. 1 Nigam Das by their mutual agreement and for the purposes of income tax and sales tax incorporated a partnership firm for carrying on th































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