PRAMILA DIVEKAR Vs. RAM ASHARE SHARMA

JUDGEMENT

(1.) With the consent of the counsel for the parties present, the matter is finally heard.

(2.) This petition under Article 227 of the Constitution of India has been preferred having been aggrieved by the order dated 28th February, 2013 passed by the Ninth Additional District Judge, Gwalior whereby Misc. Appeal numbered as 10/2013 filed under Order XLIII Rule 1(r) by respondents No. 1 and 2 was allowed against the petitioners and temporary injunction was granted. It may be mentioned here that in the aforesaid miscellaneous appeal, a challenge was made by the respondents No. 1 and 2 to the order dated 16/2/2013 passed by the Ninth Additional Civil Judge to the court of First Civil Judge Class-II, Gwalior in Civil Suit No. 6-A/2013, rejecting the application of the respondents No. 1 and 2 preferred under Order XXXIX Rule 1 and 2 C.P.C.

(3.) Before discussing the facts of the case, for the brevity hereafter the petitioners would be called as defendants and respondents No. 1 and 2 would be called as plaintiffs.