PRAKASH MANAV Vs. AJAY

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Appeal No 144 of 2001 (Prakash Manau s/o Kantilalji Jain and another v Mangilal s/o Sujanmalji Pamecha and another)

(2.) Misc Appeal No. 143 of 2001 has been filed by appellants/defendants against the impugned order dated 25-1-2001 passed by IInd Additional District Judge, Neemuch, in Regular Civil Suit No. 22-A/2000, whereby allowed the application filed under Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure Code (for short "the Code") which was filed by the Respondents/plaintiffs.

(3.) The brief facts of the case are that the Respondents/plaintiffs filed a suit for recovery of some amount against the appellants/defendants and also filed an application under Order XXXIX, Rules 1 & 2 read with Section 151 and also under Order XL, Rule 1 of the code The reply of application was also filed. The learned trial Court by impugned order dated 25-01-2001 allowed the injunction application and directed the appellants/defendants that they will not transfer or otherwise create any charge over Gyanoday Printing Press, its graphic system and machines and other hypothetical material it is further directed that the appellants/defendants shall also submit an undertaking and also security for the sum of Rs 8,00,000 00 and in default they would be liable to pay the said amount and rejected the prayer of appointment of receiver.