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2012 Supreme(All) 3265

ANIL KUMAR
Faiyazali Khan – Appellant
Versus
Civil Judge (Jd), Kadipur, Sultanpur and Others – Respondent


Advocates:
Sri Indrajeet Shukla, Advocate, for Petitioner.
Sri Manish Kumar, Advocate, for Respondents.

Anil Kumar, J.—

Heard Shri Indrajeet Shukla, learned counsel for the petitioner, Shri Manish Kumar, learned counsel appearing for opposite party no.1 and perused the record.

2. Facts in brief of the present case are that initially for redressal of his grievances, petitioner filed a suit for permanent injunction, registered as Regular Suit No.645 of 2012 in the Court of Civil Judge (J.D.), Kadipur, District-Sultanpur.

3. As per submission of learned counsel for the petitioner, in the said suit, petitioner moved an application for grant of temporary injunction under Order 39 Rules 1 and 2 C.P.C. The opposite party no.1/Civil Judge (J.D.), Kadipur, District-Sultanpur has issued a notice to the defendants to file their objections. Under the order of trial court, the learned Advocate Commissioner has submitted its report along with map on 7.12.2012 as contained in Annexure No.4 to the writ petition.

4. Further, as submitted by learned counsel for the petitioner that in respect of grant of temporary injunction is fixed on 20.12.2012

5. In view of the above said factual background the question which immediately arises is that what principles should be followed by the Courts in the matter of gr










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