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2021 Supreme(All) 1484

RAVI NATH TILHARI
Akhilesh Kumar Jaiswal – Appellant
Versus
Karunesh Jaiswal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhilesh Kumar, Dilip Kumar Pandey
For the Respondent: Asit Srivastava, Jyotiresh Pandey

JUDGMENT :

1. Heard Sri Dilip Kumar Pandey, learned counsel for the appellants and Sri Asit Srivastava, learned counsel for the respondents.

2. ‘Supplementary Reply to the Supplementary Objection filed by the opposite parties’ filed by Sri Dilip Kumar Pandey and ‘Additional Supplementary Affidavit/objection by the respondents/defendants filed by Sri Asit Srivastava are taken on record.

3. This First Appeal From Order under Order 43 Rule 1 of the Code of Civil Procedure, 1976 (C.P.C.) has been filed against the order dated 09.08.2021 passed by the learned Civil Judge (Senior Division), Fast Track Court, Lucknow, in Original Suit No. 1018 of 2021 (Akhilesh Kumar Jaiswal and others Vs. Karunesh Kumar Jaiswal and others) on the application of the defendant-respondents, under Order 39 Rule 4 C.P.C.. By order dated 09.08.2021, the order dated 30.07.2021 granting ad interim temporary injunction on the appellants’ application 6-C, has been set aside.

4. The plaintiff-appellants filed regular Suit No. 1018 of 2021 for permanent injunction in which they filed an application for grant of temporary injunction under Order 39 Rule 1 of C.P.C.. The suit was instituted in the Court of Civil Judge (Jun

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