BASHANDGANI ISHBER Vs. UMAR-UD-DIN CHOPAN
HIGH COURT OF JAMMU AND KASHMIR
Umar -Ud -Din Chopan
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(1.) THIS appeal is directed against the order dated 16th June, 2005,
hereinafter referred to as impugned order, passed by First Additional
District Judge, Srinagar in a suit titled Bashandgani Ishber Guptganga
Vs. Umar -ud -Din Chopan and others, whereby application filed by the
plaintiff for grant of interim relief came to be dismissed. FACTS:
(2.) PLAINTIFFS -appellants filed a suit for declaration and mandatory injunction in the representative capacity. Alongside the suit,
plaintiffs also filed three miscellaneous applications; one for grant of
permission to file the suit in representative capacity under Order 1 Rule
8 of Civil Procedure Code, for short hereinafter referred to as Code, second for dispensation of notice in terms of Section 80 of the Code and
third for grant of interim relief.
(3.) IT appears that trial court granted permission to file the suit in the representative capacity under Order 1 Rule 8 of the Code and also
dispensed with the requirement of Section 80 of the Code. The trial court
issued notice in application for grant of interim relief and directed the
parties to maintain status -quo.
Defendant No. 1 -Respondent No. 1 filed application in terms of Order 39 Rule 4 of the Code for vacation of the order and trial court
after hearing the learned counsel for the parties dismissed the
application for grant of ad -interim relief.
Feeling aggrieved of the said order, plaintiffs preferred this appeal.
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