- (1.) This First Appeal From Order has been preferred by the appellant-defendants aggrieved by the order dated 12.3.2014 passed by the court of Civil Judge (Senior Division), Gorakhpur in Original Suit No.867 of 2013 whereby the court has made an interim arrangement to run the business in question.
(2.) Facts of the case in brief are that plaintiff instituted a civil suit bearing no. 867 of 2013, seeking relief of permanent injunction restraining the defendants from interfering, in any manner, in possession of the property detailed in the schedule by "Aa", "Ba", "Sa", "Da" 'Hotel President' and also in possession of property of 'Kings Bar' detailed in Schedule "Ya" of the plaint. He had also prayed that the defendants may not damage the said properties.
(3.) Plaintiff-respondent's case is that he is son of late Durga Prasad Yadav. Appellant no. 1, Smt. Nirmala Devi, is his mother. Appellant nos. 2 and 3 are his real brothers. Father of the plaintiff, namely, late Durga Prasad Yadav was admittedly owner of the President Hotel. In the year 1988, he had taken a land for 30 years by means of registered lease deed dated 26.11.1988. He built a five storey building thereon and started a hotel in the name and style of 'President Hotel' and a restaurant in the name and style of 'Queen's Restaurant'. Later on, father of the plaintiff took more land on the basis of registered lease and extended his business of hotel and restaurant. It is stated in the plaint that in the year 2004, late Durga Prasad Yadav formed a partnership firm and included the plaintiff and defendant nos. 1 and 2 (appellant nos. 2 and 3) as partners. The said partnership firm came into existence in writing on 29.1.2010. Share of the partners of this firm in profit and loss was-50 per cent to Durga Prasad Yadav, 20 per cent to Kiran Kumar Yadav, 15 per cent to Dilip Kumar Yadav (plaintiff) and 15 per cent to Manoj Kumar Yadav.;