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1991 Supreme(All) 487

N.N.MITHAL, G.K.MATHUR
Pushpa Devi Sarraf – Appellant
Versus
Jai Naraia Parasrampuria – Respondent


Advocates appeared:
S.K. Mehrotra, Rajeshwari Prasad, Ramendra Asthana

JUDGMENT

G. K. Mathur, J.

1. Appellants (defendants nos. 2 and 4 of Suit No. 534 of 1984 : Jai Narain Parasrampuria and others v. M/s. Kanpur Exports (P) Ltd. and others have filed this appeal against the order dated January 15, 1991, passed by Shri Nirvikar Gupta, VII Additional district Judge, Kanpur Nagar, in the aforesaid suit.

2. The relief claimed by this appeal is that the impugned order passed by the court below be modified so as to grant the prayer for restraining the plaintiffs-respondents from interfering in the possession and ownership of the appellants over the property in dispute, bearing no. 7/169, Swaroop Nagar, Kanpur and further they be restrained from making criminal trespass over it.

Shri R. Asthana, Advocate, - who had filed caveat on behalf of the plaintiffs, has put in appearance at the admission stage and has filed counter affidavit to the injunction application moved in this appeal by the appellants. The appellants nave filed rejoinder affidavit to the counter affidavit.

3. With the consent of the parties we proceed to decide the appeal finally at the admission stage.

4. The plaintiffs have filed Suit No. 537 of 1984 on August 6, 1984 for specific performanc




























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