SHANTILAL JAWRILAL NAHATA Vs. SUSHIL BUILDERS P LTD

JUDGEMENT

(1.) THE petitioner-original plaintiff has filed this revision application challenging the order passed by the learned Civil Judge J. D. Pune dated 14th August 1991 below application Exh. 48 in Regular Civil Suit No.2042 of 1987. While challenging the order, the petitioner has also annexed certain documents namely the copy of the plaint, as well as the order passed by the learned 10th Additional District & Asstt. Sessions Judge, Pune passed in Misc. Civil Appeal No.71 of 1988 as well as the application submitted by the plaintiff Exhibit-48 dated 22nd April 1991 and the order passed thereon dated 14th August 1991.

(2.) I have heard the counsel for the parties at length and during the hearing, the learned counsel appearing on behalf of the petitioner took me through the relevant observation in the order passed by the learned 10th Additional District and Asstt. Sessions Judge Pune dated 5th January 1990 as well as the application submitted by the plaintiff dated 22nd April 1991 and reply filed on behalf of defendant no. 1 dated 12th August 1991 to the said application and the order passed by the learned Civil Judge J. D. Pune below the said application Exh. 48.

(3.) THE plaintiff has also taken out an application for temporary injunction Exhibit-5 and prayed for ad-interim relief till the disposal of the suit and dealing with the said application Exhibit-5, the trial Court, as per order dated 5th December 1987, has granted relief in favour of plaintiff and after hearing the said application, considering the case put forward by the defendants, the learned trial Judge has rejected application Exhibit-5 and ad-interim relief which was granted earlier on 5th December 1987 was vacated. THE learned trial Judge has accordingly rejected the application Exhibit5.