NIMCHA COAL CO LTD Vs. SRINIWAS GOENKA

JUDGEMENT

(1.) BY this motion under section 115 of the Procedure Code, 5 of 1908, the plaintiff, Nimcha Coal Company limited, ("nimcha" hereafter, for short)seeks reversal of an appellate order dated September 17, 1964 dismissing its appeal from an order dated August 14, 1964 of the trial court which rejected its application for a temporary injunction under order 39, rule 1, read with section 151 ibid.

(2.) ON September 25, 1963 "nimcha" instituted the suit (out of which this interlocutory matter arises) in the second court of the munsiff at Asansol, impleading Sriniwas Goenka and sriram Goenka as the principal defendants and Bengal Coal Company Limited as a pro forma one. Necessarily they figure as opposite party before me in this trevisional application under section 115.

(3.) BY such suit the principal reliefs "nimcha" prays the court for are two: (i) a permanent injunction restraining the Goenkas from raising any manner of construction and doing anything whatever which will change the natural state of the land in controversy, and (ii) a mandatory injunction directing them to remove the constructions already made there.