SHYAMA KISHORE BAL Vs. KISHORE TALKIES AND OTHERS

JUDGEMENT

(1.) Petitioner calls in question legality of order passed by learned Addl. District Judge, Jaipur reversing an order of restraint passed by learned Counsel Munsif, Jaipur. Petitioner has filed T.S. No. 51 of 1993 and background facts as described by him which led to the filing of the suit are as follows:

(2.) Stand of the defendants (present opp. parties) in the suit was that though there was a stipulation as claimed by the plaintiff, construction of the hall was made by Kishore Ch. Routray and there was no discontinuance of partnership business. Learned Munsif directed maintenance of status quo and directed present opp. parties from restarting cinema business over the suit land till final disposal of the suit. His order was assailed in appeal before learned Addl. District Judge, Jaipur. By his impugned order he has set aside the order passed by learned Munsif.

(3.) According to learned Counsel for petitioner direction as given by learned Munsif was proper and learned Addl. District Judge was not justified in vacating the same. It is submitted that Courts should be show to interfere with interim orders passed in the matter of injunction and learned Addl. District Judge should not have interfered with the order. Further while holding that learned Munsif should not have expressed any opinion on the meaning and effect of various clauses of the partnership agreement has himself done so. Learned Counsel for opposite parties on the other hand, supported the judgment.