OMPRAKASH BADRETIA Vs. M/S EMROLD INDUSTRY

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed by the petitioner/defendant being aggrieved by the order dated 24.1.2017 passed by the court of 14th Additional District Judge Gwalior in Misc. Civil Appeal No.45 of 2016 filed by the respondent/plaintiff.

(3.) Respondent/plaintiff had filed a suit for specific performance of contract and permanent injunction. In the civil suit, the relief has been claimed that it be declared in favour of the plaintiff that defendant is bound by the agreement dated 3.3.2015 executed in favour of the plaintiff. It has also been claimed in clause 13-2 that permanent injunction be granted against the defendant and in favour of the plaintiff that till year 2023, defendant should not create any obstruction in the work of mining operation on his own or through anybody else. An application under Order 39, Rule 1 and 2 of the CPC was filed along with the suit and through that application annexure P/7, the relief has been sought that till final decision in the suit, permanent injunction be granted against the defendant to the effect that he shall not interfere in the work of mining carried out by the plaintiff nor shall cause any hindrance in such work through third party.