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1973 Supreme(All) 43

HARISWARUP
Om Prakash – Appellant
Versus
Anar Singh – Respondent


Advocates:
B.D. Tripathi and R.D. Gupta, for Applicants; S.P. Gupta, for Opposite Parties.

ORDER :- This is plaintiffs revision against the appellate order dismissing his appeal against the trial Court's order refusing to issue a temporary injunction during pendency of the suit Plaintiff instituted the suit with the following relief :

"The defendants be permanently injuncted not to interfere with the said tube-well (any machinery remaining, ought to be set up or with the electric connection etc. etc.) themselves or through other's direction or indirectly or under any appearances or claims or orders."

During the pendency of the suit an application was moved by the plaintiff for the grant of an interim injunction in the following terms :

"It is therefore respectfully prayed that the defendants be restrained not to interfere with the possession of the plaintiff and, further, not to prevent the plaintiffs in operating the tubewell in suit."

The trial Court dismissed the application on the finding that there was no machinery in existence and hence the question of operating the tubewell did not arise. Another ground given for rejecting the application was that the plaintiff was co-sharer of the defendant. Against this order plaintiff went up in appeal and the appeal was dismisse
























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