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1993 Supreme(All) 252

M.L.BHAT
RAJENDRA KUMAR SHARMA – Appellant
Versus
BRIJENDRA KUMAR SHARMA – Respondent


Advocates Appeared:
R.G.PADIYA

M. L. BHAT, J.

( 1 ) THIS is an appeal against an order passed by the court below whereby the court below has refused to issue a temporary injunction in favour of the appellant.

( 2 ) IT appears that the plaintiff has filed a suit for perpetual injunction against the defendant-respondents to the effect that the defendants, their servants, employees, agents and family members of anybody through them be restrained by means of permanent injunction not to use, utilise, usurp or misappropriate the share of property in whole or any part of the firm M/s. B. T. Paul and Sons situate at 84/13, Factory Area, Fazalganj, Kanpur and at 83-23-B, Building Material Market, Juhi, Govind Nagar, Kanpur till the said firm is finally wound up.

( 3 ) THE plaintiffs case before the trial court is that by virtue of a partnership deed dated 24-12-1966 he along with defendant No. 1 and Smt. Jaidevi, plaintiffs mother, had constituted a partnership firm under the name and style of M/s. B. T. Paul and Sons situate at 84/13, Factory Area, Fazalganj, Kanpur, which was registered under the Indian Partnership Act. The said firm had properties and assets, which are detailed by the plaintiff in various annexures. A
























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