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2016 Supreme(UK) 453

U.C.DHYANI
Beersheba Educational And Welfare Society – Appellant
Versus
Rajan Vinayak – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rakesh Thapliyal, Advocate along with Mr. Lalit Sharma, Advocate.
For the Respondents:Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Vipul Sharma, Advocate.

JUDGMENT :

U.C. Dhyani, J.

By means of present writ petition, the petitioner seeks following reliefs:

“(i) Set aside the order dated 11.7.2016 passed by the learned Civil Judge (Senior Division) in Civil Suit no. 27 of 2016 so far as the learned Court has declined to grant temporary injunction in favour of the plaintiff/petitioner while issuing notices to the defendants.

(ii) Allow the application no. 6C moved by the petitioner/plaintiff under Order 39 Rule 1 and 2 and the defendants/respondents may be restrained from interfering in the peaceful possession of the petitioner over the property in dispute.”

2. Plaintiff-petitioner filed a Civil Suit against the defendants-respondents for a relief of permanent prohibitory injunction. An application for obtaining ad-interim injunction was also filed in the same. Learned Civil Judge, Senior Division, thought it proper to issue notices to the respondents to file their replies/objections to such application under Order 39 Rules 1, 2 CPC vide order dated 11.7.2016. Aggrieved against the same, present writ petition has been filed by the plaintiff-petitioner.

3. The relief which has been sought by the plaintiff-petitioner against the defendants-res





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