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2021 Supreme(All) 824

JASPREET SINGH
Rajendra Prasad Agrawal – Appellant
Versus
Samarpan Varishtha Jan Parisar Thru. Manager Gayatri Pa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sudeep Kumar, Avdhesh Kumar Pandey, Radhika Verma
For the Respondent: C.S.C., Dr.L.P.Misra, J.K.Sinha, Namit Sharma, Rohit Kumar Verma, Satyanshu Ojha

JUDGMENT :

1. The petitioners before this Court are abandoned parents, who have been forsaken by their own children and have been residing in an old age home. As if, this was not enough, the old age home is also seeking the ouster of the petitioners and it is in this backdrop that the petitioners had instituted a suit for permanent injunction before the trial court seeking an injunction to restrain the management of the old age home from dispossessing the petitioners from their room allotted to them, without due process of law.

2. An interim injunction is a striking remedy yielded by contemporary Courts. With prolific litigation in most of the Courts, interim injunction becomes a very important component of a litigation. So also in this case an application for interim injunction was allowed by the trial Court, but the decision has been reversed by the lower Appellate Court and being aggrieved, the petitioners have knocked the doors of this Court by means of the instant petition challenging the order passed by the lower Appellate Court in Misc. Civil Appeal No.7/2020 dated 20.10.2020.

3. The lower Appellate Court, while allowing the Misc. Civil Appeal No.7/2020 of the defendants/respon

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