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2020 Supreme(MP) 359

SANJAY DWIVEDI
Mohd. Abdulla – Appellant
Versus
Smt. Janki And Others – Respondent


Advocates Appeared:
Shri Mohammad Ali, Advocate, for the Appellant; Shri P.N. Pathak, Advocate, for the Respondent No.3

JUDGMENT

1. This petition is under Article 227 of the Constitution of India. Pleadings are complete. Parties are ready to argue the matter finally and, accordingly, it is finally heard.

2. This petition is against the order dated 22.01.2019 (Annexure-P/9) passed by the Third Additional District Judge, Shahdol, in a miscellaneous civil appeal filed under Order 43 Rule 1(r) of the Code of Civil Procedure whereby the appellate Court has granted temporary injunction in favour of the plaintiff/respondent No.3 herein.

3. In a suit preferred by the plaintiff/respondent No.3 herein for grant of decree of permanent injunction, an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure for grant of temporary injunction was filed, but that was rejected, then an appeal was preferred under Order 43 Rule 1(r) of the Code of Civil Procedure, which has been decided by the order impugned and hence, this petition.

4. The facts leading to the present petition in a nutshell are as under:-

    That respondent No.3/plaintiff filed a suit for granting decree of permanent injunction against the defendants especially the present petitioner/defendant No.3 in the suit.

    As per the averments made in

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