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2015 Supreme(All) 2736

MANOJ KUMAR GUPTA
Mritunjay – Appellant
Versus
Civil Judge (J. D. ) Shahganj – Respondent


Advocates Appeared:
For the Petitioner: A.N. Pandey.

JUDGMENT

Manoj Kumar Gupta, J.

The prayer made in this petition is for quashing the order dated 14.7.2015, whereby the trial court issued notices to the defendants on the application for temporary injunction and refused to grant exparte ad interim injunction. A further prayer has been made for a direction to the trail court to pass an appropriate order restraining respondents no. 2 to 4 from interfering in the peaceful possession of the petitioner to the extent of his one-third share in the suit property.

2. Original Suit No. 814 of 2015 has been instituted by the petitioner against the defendant-respondents for permanent prohibitory injunction in respect of his one-third share in the suit property. On 14.7.2015, the day on which suit was instituted, the petitioner also filed an application for temporary injunction and prayed for grant of exparte injunction. The trial court after considering the pleadings and the material on record held that the parties to the suit are joint tenure-holders and they seems to be in joint possession and thus refused to grant ex-parte injunction. The trial court fixed 13.8.2015 for consideration of the application for temporary injunction.

3. After going t


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