MIRZA MOHAMMED YOUSUF BAIG Vs. DECCAN ENTERPRISES BANGALORE

JUDGEMENT

(1.) this appeal is against the Order dated 8-12-1995 on la. No. I in o.s. No. 4256 of 1994 by the viii additional city civil judge, bangalore city, dismissing la. No. I for temporary injunction.

(2.) for the sake of convenience the parties will be referred to in the course of this judgment as they are arrayed in the trial court.

(3.) this appeal is by the plaintiff. The plaintiff has filed the suit for a declaration that the Order passed in h.r.c. No. 10010 of 1991 on the file of the small causes, bangalore, dated 7-7- 1994 is collusive and fraudulent and the same is not binding on the plaintiff and for a permanent injunction restraining the first defendant from executing the said order. The plaintiff also filed an application la. No. I for temporary injunction under Order 39, rules 1 and 2, C.P.C. restraining the first defendant from executing the Order passed in h.r.c. No. 10010 of 1991, dated 7-7-1994 or in any way dispossessing the plaintiff from the property mentioned in the schedule to the plaint without due process of law during the pendency of the suit.