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2023 Supreme(All) 1233

J. J. MUNIR
Saquibullah Khan – Appellant
Versus
Vishwamitra Pachnanda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anil Kumar Aditya
For the Respondent: Raghav Arora

JUDGMENT :

1. This appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (for short, 'the Code') is directed against an order of Mr. Mohd. Firoz, Civil Judge (Sr. Div.), Aligarh dated 30.09.2022, partly allowing the plaintiffs' temporary injunction application and ordering parties to maintain status quo pending suit with regard to the suit property as detailed at the foot of the plaint.

2. The plaintiff-appellants (for short, 'the plaintiffs') have moved this appeal because they think that their partial success before the learned Civil Judge is not commensurate to their case. They pray that modifying the order passed by the learned Civil Judge directing parties to maintain status quo, an interim injunction be issued to restrain the defendants, acting by themselves or through their agents from interfering in the plaintiffs' peaceful possession in the suit property. The plaintiffs, therefore, in substance seek an injunction to be granted in clearer terms than the order made by the learned Civil Judge.

3. The facts giving rise to this appeal impel this Court to think that the plaintiffs' case prima facie stands not on very firm ground. The dispute involved in the suit i

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