JAGDISH PRASAD AGARWAL Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) Appellants Sh.J.P.Aggarwal and another felt aggrieved by the order of the learned Additional District Judge, Delhi dated 20th October,1995 whereby he vacated the injunction granted ex parte in favour of the appellants.

(2.) To appreciate the challenge of the appellants to the impugned order, we must have a quick look at the relevant facts of this case. Appellants (plaintiff before the Trial Court) filed a suit for permanent and mandatory injunction against respondents (defendants before the Trial Court). Grievance of the plaintiff was that the defendants were creating obstructions in the egress and ingress of his vehicles from the main entrance gate opening on the Loni Road. In order to reach his industrial unit as shown red in the site plan filed with the plaint, the trucks and other vehicles have to enter through the main gate. But the defendants with a malafide intention were trying to stop by creating a wall in front of the gates.

(3.) That the respondents 1 to 4 are brothers of the appellant No.1. Appellant No.2 is the proprietory concern of appellant No.1. Respondent No.5 is wife of respondent No.4. Respondent No.6 is the mother of the parties.