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1999 Supreme(MP) 887

A.K.GOHIL
State of M. P. – Appellant
Versus
Uttam Chand – Respondent


Advocates:
Smt. Meena Chaphekar, Panel Lawyer for appellants; B.L. Pavecha with
Yogesh Mittal and A.K. Shrivastava for respondents.

ORDER

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






































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