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2006 Supreme(MP) 981

S.K.SETH
Khakan Mohd. Khan – Appellant
Versus
Sikander Khan – Respondent


Advocates:
A.K. Sethi for petitioner; B.S. Joshi with Sunil B. Joshi and Kum. Bharati Joshi for non-petitioners.

ORDER

1. This civil revision by the defendant is directed against the order dated 13.4.2006 passed by 4th Additional District Judge, Ratlam, allowing the Miscellaneous Appeal under Order 43 Rule 1 (r), CPC.

2. Non-applicants No.1 and 2 had instituted a civil suit against the present applicant' along with an application for temporary injunction against encroachment on the road particularly shown in the suit map. Trial Court granted the temporary injunction which was confirmed by lower appellate Court vide order dated 21.8.1991. Plaintiffs filed an application under Order 39 Rule 2A for taking action against appellant for breach of the injunction order. Trial Court by order dated 24.12.2005 rejected the application. Said order was challenged by non-applicants in Misc. Appeal before the Court below. By the order impugned, Court below allowed the appeal and directed attachment and auction of appellant's house and ordered appellant to undergo three months' civil imprisonment. Hence this revision.

3. Learned counsel for non-applicants raised preliminary objection with regard to maintainability. According to him after recent amendments in the Code of Civil Procedure, present r




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