A.K.GOHIL
State of M. P. – Appellant
Versus
Uttam Chand – Respondent
1. The appellants/State have preferred this Misc. Appeal under order XLIII Rule 1 of the Code of civil Procedure (for short 'the Code') against the order dated 06.08.1999 passed by District Judge, Shajapurin civil Suit No. 17-A/99 by which the District Judge has granted mandatory injunction against the appellants by giving a direction that the possession over the disputed house alongwith articles be restored back to Respondent No.5 within a period of one month and thereafter the appellants State shall not interfere in the possession of the respondent No.5 till the final disposal of the suit.
2. The facts of the case, in brief, are that on 21.06,1999 Respondents/plaintiffs filed a civil suit for 'declaration and injunction in the Court of District Judge, Shajapur with an application for temporary injunction making a prayer therein for issuance' of temporary injunction against the appellants/defendants restraining them from interfering in the possession of the Respondents/plaintiffs in respect of the suit house. The notices of the application for temporary injunction were issued urgently on the same day i.e, on 21.06.1999. The notices were served on the appellants through the Gov
3. Mitanapur Jamadary Company Ltd. v. Narain Rao = (1921 Indian Appeals 293 at page 299
4. Ram Ratan v. State of Uttar Pradesh = (1977) 2 SCR 232 : (AIR 1977 SC 619).
6. Bishandas v. State of Punjab and others = (AIR 1961 SC 1570)
7. Wazir Chand v. State of Himachal Pradesh = 1955-ISCR 408 : (AIR 1954 SC 415)
8. Ram Prasad Narayan Sahi v. State of Biha = 1953 SCR I 129 : (AIR 1953 SC 215)
9. Eshugyai v. Govt. of Nigeria = (AIR 1931 PC 248)
11. (Rama and another v. Mangilal) = 1973 JLJ 914
13. Darshanlal v. Ramshanker = [1981 (1) MPWN 111]
14. Mansingh v. Mst. Parobai = [1990 (I) MPWN 37]
15. Dalpat Kumar and another v. Prahlad Singh and others = (AIR 1993 SC 276)
16. Shankarlal Rathore v. State of M.P. and others = (1978 JLJ 51
18. Darshanlal v. Ramshanker = (1981 (1) MPWN 111)
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