MARGHOOB ALAM Vs. ILLAHI

JUDGEMENT

(1.) Heard Sri Deepak Seth, Sri Hemant Kumar Mishra and Sri Ratnesh Chandra, learned Counsel for petitioners and Sri Anurag Srivastava, Sri Madhav Chaturvedi and Sri Nripendra Mishra, Advocate holding brief of Sri Manish Kumar, learned Counsel for official respondents. Facts in brief as submitted by the learned Counsel for the parties are that initially the plaintiff (respondent in the present writ petition) filed a suit for permanent injunction, registered as Regular Suit No. 152 of 2009, Ilahi Enterprises v. Modelage Pet Products (Pvt.) Ltd. in the Court of Civil Judge (Sr. Div.), Unnao/O.P. No. 4.

(2.) In the said suit, an application under Order XXXIX, Rule 1 and 2, C.P.C. has been moved to which the objection was invited and filed by the defendants who are the petitioners in the present writ petition.

(3.) After hearing learned Counsel for the parties, the Trial Court/Civil Judge (Sr. Div.), Unnao by an order dated 19.9.2009 ( Annexure No. 5) granted a temporary injunction under Order XXXIX, Rules 1 and 2, C.P.C. in favour of the plaintiffs.