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2018 Supreme(All) 1144

ARVIND KUMAR MISHRA I
SARITA MAHARISHI – Appellant
Versus
ASHOK KUMAR MISHRA – Respondent


Advocates:
Counsel :
Ashutosh Pandey for the Appellant; Ashok Kumar Srivastava, S.P.K. Tripathi and Abhishek Kumar for the Respondents.

JUDGMENT :

Hon'ble Arvind Kumar Mishra-I, J.

1. Heard Sri Ashutosh Pandey, learned counsel for the plaintiff/appellant and Sri S.P.K. Tripathi, learned counsel for the defendant- respondents.

2. This First Appeal From Order has been filed against judgement and order dated 31.08.2015 passed by Additional District Judge, court no.9 Varanasi in Original Suit No.1174 of 2014 (Smt. Sarita Maharishi vs. Ashok Kumar Mishra and another), whereby trial court has rejected interim injunction Application 6-C after contest between the parties.

3. The story, as reflected from perusal of the certified copy of the aforesaid impugned order reveals that the plaintiff should not be dispossessed of the property shown at Scheduled- A appended to the plaint, and she should not be dispossessed and her possession should be protected and shop in question should not be alienated/altered in its shape.

4. The plaintiff moved interim injunction application for restraining defendant- opposite parties, whereupon, application was contested by the defendant by filing objection and after considering the case in its entirety and particularly on the anvil of prima facie case, balance of convenience and irreparable lo











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