R.P.SAXENA
M. C. SHARMA – Appellant
Versus
B. C. SHARMA – Respondent
( 1 ) HEARD the learned counsel for the parties, perused the affidavits exchanged and the Annexures thereto.
( 2 ) THE parties were carrying on a partnership business in the name and style of M/s. Amber Guest Business House. On 1-4-1985 the appellant filed Suit No. 89 of 1985 on behalf of the firm against respondents Nos. 1 and 2. The appellant prayed for permanent injunction restraining the respondents from creating obstacles in the partnership business. An ad interim stay order was granted. On 19th April, 1985 the respondent No. 1 served a notice dissolving the firm. The interim injunction granted earlier was vacated. The respondents 1 and 2 moved an application for temporary injunction restraining the appellant from carrying on his own business in the disputed premises. The application was allowed on 13th May, 1985. The appellant filed an appeal against the aforesaid order which was dismissed by this Court on 21st May, 1985. Earlier the appellant had filed Suit No. 120 of 1985 for a declaration that he is the owner of the disputed premises which he purchased Benami in the name of respondents Nos. 1 and 2. He also prayed for a permanent injunction restraining resp
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