VIJAYKUMAR Vs. UMA SANGHI

JUDGEMENT

(1.) This order shall also dispose of Civil Revision No. 185 of 1986 Rameshchandra Sinha v. Smt. Uma Sanghi Misc. Civil Case No. 129 of 1986 and Misc. Civil Case No. 130 of 1986.

(2.) Civil Revisions Nos. 184/86 and 185/86 arise out of the same order dt/- 7-5-1986, passed by the District Judge, Indore, in Misc. Judicial Case No. 28 of 1986 and Misc. Judicial Case No. 29 of 1986, although they have been preferred by two different petitioners, Vijaykumar and Rameshchandra Sinha. Similarly, Misc. Civil Case No. 129/86 and Misc. Civil Case No. 130/86, have been preferred respectively by Vijaykumar and Rameshchandra Sinha and they also relate to the same matter. As the Misc. Judicial Cases have been disposed of by a common order dt. 7-5-1986, passed by the District Judge, Indore, and the Misc. Civil Cases also relate to the same matter, all these four cases have been heard together and are being disposed of by a common order.

(3.) A brief re'sume' of facts, necessary for disposal of these matters is that Rameshchandra Sinha, filed Civil Original Suit No. 62A of 1986, for a perpetual injunction, praying that the defendants, including Smt. Uma Sanghi, Akshya Sanghi, Ramjilal Sharma, Babulal Saini, Giriraj Purohit and Vimal Arora, be restrained from interfering with the plaintiff's management and control of the Dreamland Cinema, Mhow. In the meanwhile Vijaykumar Sanghi, Amritkumar Sanghi, and Ratankumar Sanghi also filed a suit against Smt. Uma Sanghi and Ramjilal Sharma for perpetual injunction seeking to restrain the defendants from taking possession of the Dreamland Cinema and in any manner interfering with the management and control of Rameshchandra Sinha in running the Cinema house. They also moved an application for an ad interim injunction. The trial Court, after hearing the parties concerned, by its order dt. 30-4-1986, granted an interim injunction against the respondents restraining them from taking possession of the Dreamland Cinema and interfering with the management and control of Rameshchandra Sinha in running the Cinema Mouse. Aggrieved by this order two Misc. Appeals were preferred before the Addl. District Judge, Mhow, on the same day, i.e. on 30-4-1986. These appeals were registered as Misc. Appeal No. 33/86 Smt. Uma Sanghi v. Vijaykumar and Misc. Appeal No. 34/86 Smt. Uma Sanghi v. Rameshchandra Sinha. Civil Misc. Appeal No. 33/86 was preferred on 30-6-1986, while Civil Misc. Appeal No. 34/86 was preferred on 1-5-1986. Smt. Uma Sanghi and Ramjilal Sharma on 1-5-1986 moved an application under S.24 read with S.151, CPC in the Court of District Judge, Indore, praying for transfer of appeal (C. M. A. No. 33/86), pending before the Addl. District Judge, Mhow, which was registered as M. J. C. No. 28/86. A similar application was also moved in respect of C. M. A. No. 34/86, pending in the Court of Addl. District Judge, Mhow, which was registered as M. J. C. No. 29 of 1986.