S.P.SRIVASTAVA
Kailash Chand Gupta – Appellant
Versus
Rukam Singh Yadav – Respondent
1. Heard the learned counsel for the defendant/applicants as well as the learned counsel representing the contesting respondent.
2. Perused the record.
3. The defendant/applicants feel aggrieved by an order passed by the trial Court directing the applicants to handover the possession of the room in question to the plaintiff restoring the status quo ante prevailing prior to the grant of interim injunction in favour of the plaintiff.
4. During the pendency of the suit filed by the plaintiff, the trial Court on an application seeking an ad interim injunction filed by the plaintiff, issued an ad interim injunction restraining the defendants from dispossessing the plaintiff from the premises in dispute directing the parties to maintain status quo till the final disposal of the suit.
5. A perusal of the aforesaid order indicates that the trial Court had prima facie come to the conclusion that the plaintiff was continuing to be in possession of the accommodation in dispute of which a room in question formed a part.
6. On 11.4.1997, the plaintiff moved an application under section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) asserting that the defendants h
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