MANOHAR CHATURVEDI Vs. BEMANJI CHATURVEDI AND OTHERS

JUDGEMENT

(1.) This is a defendants appeal from the order of Sri Prakash Chandra, Special Judge, Mathura, dated 3-5-1988 whereby interim injunction granted to the plaintiff on 21-10-1987 has been confirmed.

(2.) Necessary facts for consideration in this appeal is to the effect that plaintiff got interim injunction confirmed on 3-5-1988. Thereafter the plaintiffs suit was dismissed on 5-7-1988. It appears that the aforesaid suit was restored to its original number on 7-9-1988.

(3.) In view of the above mentioned facts, defendant-appellant suggests that the appeal has become in fructuous and it should be dismissed as such. But it should be specifically indicated in the order that the injunction order passed in favour of the plaintiff-opposite party does not subsist any longer.