AMAR SHAHEED BABA MOTI RAM MEHRA Vs. BALBIR SINGH
LAWS(P&H)-2014-2-533
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 06,2014

Amar Shaheed Baba Moti Ram Mehra Appellant
VERSUS
BALBIR SINGH Respondents

JUDGEMENT

- (1.) CONCISELY , the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, initially petitioner -plaintiff -Amar Shaheed Baba Moti Ram Mehra, Memorial Charitable Trust(for brevity "the plaintiff -Trust") has instituted the civil suit through one Mangat Singh son of Late Sh.Sarwan Singh, for a decree of permanent injunction, restraining contesting respondent No.1 -Balbir Singh son of Gurdial Singh and proforma respondent No.2 -Paramjit Singh son of Balwant Singhdefendants( for short "the defendants"), from interfering into its peaceful Management and working. The defendants contested the claim of the plaintiff -Trust, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.
(2.) SEQUELLY , the plaintiff -Trust has also filed an application for ad -interim injunction under Order 39 Rules 1 and 2 read with Section 151 CPC. The defendants refuted the prayer of the plaintiff -Trust, filed the reply and prayed for dismissal of the application.
(3.) THE trial Court dismissed the stay application of the plaintiff - Trust, vide impugned order dated 08.10.2013(Annexure P -7). Aggrieved thereby, the appeal filed by the plaintiff -Trust, was dismissed as well by the Appellate Court, by virtue of impugned judgment dated 07.12.2013(Annexure P -8).;


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