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1959 Supreme(MP) 66

P.V.DIXIT
SITARAM MADAN AHIR – Appellant
Versus
RAJKUNWARBAI – Respondent


Advocates Appeared:
M.A.Khan, S.D.SANGHI

P. V. DIXIT, J.

( 1 ) THE facts of this reivision petition are that the applicant instituted a suit against the opponents for a permanent injunction restraining them from interfering with the plaintiffs possession of certain lands as an Inam tenant. After the filing of the suit, the plaintiff applied for. a temporary injunction. A notice of this application was given to the defendants. In response to this notice, the opponents appeared on 14-8-1957 and asked for time to file their reply to the plaintiff's application for temporary injunction. The trial Court granted them time till 21-8-1957. On this date the defendants again asked for time which was refused. The lower Court then made an order of temporary injunction prohibiting the defendants from disturbing the plaintiff's possession. No appeal was filed by the defendants against the order of the trial court granting] ad-interim injunction. On 23-8-1957, the defendants made an application under Order 39, Rule 4, C. P. C. , for discharging the order of temporary injunction. This application was rejected by the trial Court On the ground that the defendants had not been able to point out any new circumstance or matter necessitating d






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