LAWS(ALL)-1993-9-8

BHARTIYA SANSKRIT MAHAVIDYALAYA SAMITI Vs. CIVIL JUDGE HARIDWAR

Decided On September 20, 1993
BHARTIYA SANSKRIT MAHAVIDYALAYA SAMITI, REGISTERED SOCIETY ROORKEE Appellant
V/S
CIVIL JUDGE, HARIDWAR Respondents

JUDGEMENT

(1.) HEARD Sri V. K. Shukla, learned counsel appearing for the petitioners and Sri Ramesh Chandra Sinha, learned counsel representing the respondent no. 7, at length and in detail.

(2.) THIS petition, under Article 226 of the Constitution of India, is directed against the order and judgment dated 21st July, 1993 passed by the Civil Judge, Haridwar, respondent no. 1, in Misc. Appeal No. 22 of 1993, Mangat Ram Sharma and others v. Bhartiya Sanskrit Mahavidyalaya Samiti and others, whereby exparte injunction order dated 31st May, 1993, passed by the Munsif, Roorki, District Haridwar, respondent no. 2, in Original Suit No. 131 of 1993, has been set aside and the matter has been remanded to the court of learned Munsif for consideration of the question of grant of ad-interim injunction denovo, after considering the respective cases of the parties and material produced by them.

(3.) SUFFICE it to say that the question as to whether the petitioners are entitled to the injunction prayed for by them has not been conclusively decided. It is still pending and is to be decided by the learned Munsif.