DEEPAK KUMAR Vs. RANJNA RANI

JUDGEMENT

(1.) In this revision petition filed by defendant No. 2 Deepak Kumar under Article 227 of the Constitution of India, challenge is to order dated 29.8.2012 Annexure P/2 passed by the trial court and judgment dated 4.1.2013 Annexure P/1 passed by the lower appellate court thereby granting temporary injunction in favour of respondent No. 1-plaintiff Smt. Ranjna Rani and thereby restraining the defendants (petitioner/defendant No. 2 and respondent No. 2 Harjinder Singh/defendant No. 1) from interfering in the working of the disputed Filling Station namely M/s. Radha Krishan Filling Station and from interfering in possession of the plaintiff thereon and from causing any damage to the building and machinery thereof during pendency of the suit. Case of the plaintiff is that she has been running the aforesaid Filling Station as sole proprietor thereof. At the instance of defendants, partnership deed dated 9.4.2007 Annexure P/3 was prepared between the parties, but the said partnership deed could not be acted upon because Indian Oil Corporation (IOC) did not allow the plaintiff to run the Filling Station in partnership and therefore, the plaintiff is sole proprietor in possession of the disputed Filling Station.

(2.) Defendants controverted the version of the plaintiff and pleaded that as per partnership deed Annexure P/3, they joined as active partners of the disputed Filling Station with the plaintiff whereas plaintiff herself is sleeping partner. Defendants are running the Filling Station in question.

(3.) I have heard counsel for the petitioner and perused the case file.