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1981 Supreme(MP) 152

H.G.MISHRA
DHUNDASINGH – Appellant
Versus
LEELADHAR – Respondent


Advocates Appeared:
N.R.Newaskar

H. G. MISHRA, J.

( 1 ) THIS revision has been filed by the plaintiff against the order dated 31-31979, passed by the learned District Judge, Dewas, whereby he remanded the case to the trial Court for deciding the application for issuance of a temporary injunction, which was allowed by the trial Court by order dated 11-7-1978 and against which the appeal was preferred by the defendant-non-ap-plicants under Order 43, Rule 1 (r), C. P. C.

( 2 ) FACTS essential for decision of this revision are as under : In a suit brought by the plaintiff-applicant for declaration of title and issuance of a permanent injunction against the defendant-non-applicant he (the plaintiff) submitted an application for issuance of a temporary injunction, whereby issuance oe temporary injunction restraining the defen-dant-non-applicants from interfering with the possession of the plaintiff over the plot in dispute, was claimed. This application was opposed by the defendant-non-applicants-herein on the ground that ihe land belongs to the Gram Panchayat, Panigaon, on allotment, and that the plaintiff-applicant-herein has unauthorisedly constructed a Tapra thereon.

( 3 ) THE trial Court granted a temporary injunct











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