NIZAMUDDIN KHAN Vs. ADDITIONAL DISTRICT

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Aslam Khan, learned counsel for petitioner, Sri Nripendra Misrha, Advocate holding brief of Sri Manish Kumar, learned counsel for respondent Nos. 1 and 2 and Sri Surendra Pratap Singh, learned counsel appearing on behalf of respondent Nos. 3 and 4.

(2.) Facts in brief as submitted by Sri Mohd. Arif Khan, Senior Advocate are that respondent Nos. 3 and 4/plaintiffs filed a suit for permanent injunction registered as Regular Suit No. 50 of 2010,(Sri Shashi Kant Bajpayee and another Vs. Sri Nizamuddin and another) in the Court of Civil Judge North (J.D.), Lucknow. In the said suit, an application for grant of temporary injunction has been moved on behalf of plaintiffs/respondents and on 23.04.2010, a temporary injunction was granted in favour of plaintiffs/respondents. Subsequently, modified vide order dated 26.04.2010 (Annexure No. 4) by the trial court.

(3.) On 02.05.2010, petitioners/defendants moved an application under Order 39 rule 4 read with Section 151 CPC for vacation of the ex-parte injunction order granted in favour of plaintiffs/respondents(Annexure No. 5).