LAWS(MPH)-2001-11-49

KASHI DEVI Vs. DHARAMSHALA RAMCHANDRA PHOOLCHAND

Decided On November 30, 2001
KASHI DEVI Appellant
V/S
DHARAMSHALA RAMCHANDRA PHOOLCHAND Respondents

JUDGEMENT

(1.) HEARD. The plaintiff/applicant has approached this Court invoking its revisional jurisdiction envisaged under Section 115 of the Civil Procedure Code feeling aggrieved by the order passed by the Trial Court whereby their application seeking an interim injunction staying the execution of the decree for ejectment of the premises in dispute passed against Dr. Maithlisharan in Suit No. 18-A/98 claiming that it was void and in-effectual in law as against them has been dismissed.

(2.) PLAINTIFF had filed the suit giving rise to this revision praying for a decree of prohibitory injunction restraining the decree-holders in the aforesaid suit from dispossessing the present plaintiffs from the shot in suit. During the pendency of the suit they filed an application seeking an ad interim injunction in the same terms which application was dismissed. This order has been confirmed by the First Appellate Court vide its impugned judgment and order.

(3.) THE present respondent Nos. 1, 2 and 3 had filed a suit for the eviction of the present respondent No. 4 from the shop in question and recovery of arrears of rent and damages for the use and occupation.