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1996 Supreme(MP) 880

S.C.PANDEY
Bhagwanti – Appellant
Versus
Anna @ Appa – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. V.S. Choudhary, Advocate
For Respondents/Defendant:Mr. Abhay Sapre, Advocate

ORDER

S.C. Pandey, J.

1. This revision is directed against the order dated 24.3.1994 passed by Shri G.L. Sutrakar. Addl. Judge to the Court of District Judge. Khandwa at Burhanpur in Miscellaneous Civil Appeal No. 12/92, whereby the lower appellate Court has reversed the order of the trial Judge refusing to grant temporary injunction under Order. 39, Rule 1 and 2, Code of Civil Procedure. The facts of the connected Civil Revision No. 217/94 are identical and therefore, order passed in this revision shall also govern the disposal of that revision too.

2. The facts of this revision are as follows :-

(i) The defendant/applicants filed a suit for declaration and permanent injunction to the effect that the applicants are the legal tenants of the suit property and they cannot be evicted other by than way of decree passed for eviction in accordance with the provisions of M.P. Accommodation Control Act. 1961;

(ii) The applicants further prayed that the non-applicants be restrained by a decree of permanent injunction from executing the decree of possession passed in Civil Suit No. 45/62 passed by senior civil court, Jalgaon (Maharasthra) which was transferred to the Additional Distt. Judge, Burh


















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