PRAMODH MAHEY Vs. BHASHIN POTTERIES

JUDGEMENT

(1.) The present appeal by Mr. Pramod Mahey sole propritor of Promod Protteries, appellant-plaintiff (hereinafter referred to as the appellant) is directed against two orders passed by learned additional District Judge dated 27th June, 1988 and 29th June, 1988. By the impugned order dated 27th June, 1988 learned additional district judge allowed application of the respondents under Order 39 Rule 4 of the Code of Civil Procedure, 1908 and vacated the ex parte ad interim injunction granted in favour of the appellant restraining the respondents for interfering with his possession of khasra Nos. 1571-1572, village Gheora chowk, Rohtak Road, New Delhi (hereinafter referred to as the property) and the direction to the SHO to ensure that the respondents do not cause any interference in the possession of the appellant. While vacating the injunction, the learned Additional District Judge had further directed as under:-

(2.) This direction given above was modified and altered in the order dated 29th June, 1988, with the following direction:-

(3.) This order dated 29th June, 1988 was passed on a fresh application filed by the respondents before the ld. additional district judge and was passed without notice to the appellant.