MIR MUSHTAQ Vs. ASHOK KUMAR TALWAR

JUDGEMENT

(1.) BY this petition under article 227 of the Constitution of India, the petitioner has assailed an order dated 11. 10. 2004 allowing an application under Order 39 Rule 1 and 2 CPC and thereby restraining the petitioner from stopping ingress and egress of the respondent/plaintiff into the premises and also restraining the petitioner from interfering into the movement of the plaintiff/respondent to the parchhatti/first floor of the premises till disposal of the suit.

(2.) CIVIL Judge, where the suit was pending, had observed that the facts stated by the plaintiff give rise to a serious question requiring the trial and therefore no prima facie case was made out and dismissed the application under Order 39 Rule 1 and 2 CPC also observing that the other two requirements of balance of convenience and irreparable loss were not to be considered.

(3.) THE First Appellate Court found that the prima facie case was made out from the facts and the plaintiff was entitled for interim relief and allowed the application and granted injunction.