MADHUSUDAN DATTATRAYA JOSHI Vs. NARENDRA TRIVIKRAM KHANOLKAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 6 July 1996 made by the Bombay City Civil Court at Bombay in S. C. Suit No. 2677 of 1980 instituted by the respondent (original plaintiff) and in which, the appellant, was impleaded as a sole defendant. For sake of convenience the parties will be referred to as plaintiff and defendant, as described before the trial court.

(2.) The operative portion of the impugned judgment and decree reads thus : "ORDER The suit being No. 2677 of 1980, is decreed with costs. The suit partnership firm is declared as dissolved with effect from 1st September, 1970. It is held that the plaintiff is entitled to carry on business in the name and style of M/s. Cold Spot Engineering Works, from the suit premises being No. 23, Velinkar House, situated on Plot No. 10, Vile Parle (E), Bombay - 57. The defendant, his servants and agents are hereby restrained by an order of perpetual injunction from dispossessing the plaintiff from the suit premises without following due process of law, if any and/or interfering with the use, and occupation of the suit premises by the plaintiff. The defendant, his servants and agents are further restrained by an order of perpetual injunction from interfering in the business of the plaintiff which is being carried on in the name of M/s. Cold Spot Engineering Works. The defendant shall bear his own costs and shall pay Rs.500/- to the plaintiff."

(3.) The case of the plaintiff, in brief, is as follows: