CHANDRA SEKHAR PUN Vs. SURAJ NARAYAN BANSAL

JUDGEMENT

(1.) THIS first miscellaneous appeal is directed against an order of refusal to grant ad -interim order of injunction in favour of the plaintiffs, by the Learned Trial Judge. The legality and/or propriety of the said order is under challenge in this first miscellaneous appeal at the instance of the plaintiffs/appellants. After hearing the learned advocate of the appellants and after considering the materials on record including the order impugned, we feel that this is a fit case for admission. Accordingly, we admit this appeal.

(2.) SINCE this first miscellaneous appeal is directed against an order of the Learned Trial Judge refusing to grant ad -interim order of injunction, we, while considering the appellants' application for interim injunction filed in connection with this appeal, thought it fit to dispose of the appeal itself on the basis of the materials before us. The learned advocates appearing for the parties have also requested us to dispose of the appeal itself instead of keeping it pending here. Accordingly, we have considered the merit of the appeal in the facts of the present case.

(3.) THE plaintiffs filed a suit for injunction for restraining the respondent/opposite party, his men, agents, servants and associates from making any type of construction over the suit property and/or from fixing any iron gate and/or flexible gate and/or shutter gate on the front side of the suit property and/or also from transferring and/or parting with possession of the suit property to any third party in any manner whatsoever and from changing the nature, character and possession of the suit property in any manner whatsoever.