WANGKHEM N P O N DEVI Vs. KSHETRIMAYUM KULLA SINGH
HIGH COURT OF GAUHATI
KSHETRIMAYUM KULLA SINGH
Referred Judgements :-
PATRAM V. RAMESHWARDAYAL
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(1.)This civil revision under S.115, C.P.C. and/or Art.227 of the Constitution of India, is from the order of the Subordinate Judge (II) of Manipur at Imphul dated 15-4-85 affirming the order dated 11-2-85, making the injunction order absolute.
(2.)In Original Suit No. 9 of 1985, the plaintiff Kshtrimayum Kulla Singh, filed an application for an interim order of temporary injunction against the defendants/opposite parties, restraining them for dispossessing the plaintiff from the suit land by way of execution of a decree or otherwise under O.39, Rr.1 and 2, read with S.151 of the C.P.C. and this application was registered as Judicial Misc. Case No. 26 of 1985.
(3.)By order dated 11-2-1985, the learned Subordinate Judge (II), Manipur, after perusing the plaint and the affidavits, found that prima facie case for injunction and for maintenance of status quo between the parties as on that date was made out and that delay would defeat the purpose of that application as well as that of the suit. Considering those circumstances, he found sufficient grounds for passing an order ex parte against the defendants. Hence, the Court ordered that status quo as on that date between the parties be maintained and the defendants/opp. parties be restrained from demolishing the building standing on the suit land till the disposal of that application. Notice was issued to the opp. parties/defendants to show cause why it should not be made absolute and the plaintiff/petitioner was ordered to deliver and send to the opp. parties all documents along with the notice as required by O.39, R.3, C.P.C. From the application as well as this interim order there arises, no doubt, that the Court proceeded under O.39 and notices were required to be issued under O.39, R.3, C.P.C.
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