RAKESH SAKSERIA Vs. KUMUD

JUDGEMENT

(1.) The plaintiffs of Suit No. 46 of 2011 Smt. Kumud and Another vs. Mahant Govind Das and another, stood decided alongwith yet another suit, being Suit No. 01 of 2014 Shri Rakesh Saxaria vs. Smt. Kumud and Others, by a composite judgment and decree as rendered by the court of Civil Judge (Senior Division), Kotdwar, Pauri Garhwal, the present first appeal has been preferred against the said impugned judgment dtd. 20/2/2018.

(2.) When the appeal came up for consideration before this Court, for hearing at admission stage, this Court itself on 13/8/2018, had admitted the appeal without passing any interim order on the application under Order 41 Rule 5 C.P.C. The appeal remained pending without there being any injunction, as such against the parties to the proceedings of appeal.

(3.) Later on when the appeal, was considered on 21/11/2019 and after hearing the respective contentions of the counsel for the parties, this Court passed an interim order to the following effect:-