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1993 Supreme(All) 86

S.R.SINGH
RAM SINGH – Appellant
Versus
SPECIAL JUDGE, E. C. ACT, ADDITIONAL DISTRICT JUDGE, BALLIA – Respondent


Advocates Appeared:
N.S.CHAUDHARY, R.K.CHAUBE

S. R. SINGH, J.

( 1 ) PETITION in hand is directed against the judgment and order dt. 5th Aug. 1992 passed by Addl. District Judge, Ballia in Misc. Appeal No. 71/1989 preferred against the judgment and order dt. 1-5-1989 passed by 8th Addl. Munsif, Ballia on the application 6c-2 filed by the plaintiffs under O. 39, R. 1, C. P. C. for ad interim injunction in original suit No. 171 of 1988, Sri Ram Singh v. Lala Ram.

( 2 ) PETITIONERS instituted the suit it being suit No. 171 of 1989 for permanent injunction restraining the defendant set No. 1, namely Lal Ram from interfering with the plaintiffs possession over a part of plot No. 1659/3, area 18. 5 decimal and from raising any constructions over the land shown/marked by figures 3, 4, 5 and 6 and also from cutting the trees situate on the said land. The relief of mandatory injunction was also sought directing the defendant set No. 1 to close the door marked by letter ka and to remove the constructions if any, found on the land shown by figures 3, 4, 5 and 6. An application 6 C-2 supported with an affidavit was also filed by the plaintiffs praying therein to restrain defendant No. 1, by means of an ad-interim injunction, from raising an


















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