HARKESH KUMAR Vs. SUBASH CHANDER

JUDGEMENT

(1.) PETITIONERS filed a suit for permanent injunction restraining the defendant-respondent from setting up and operating a Ginning Mill in the locality. He also moved an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, seeking as-interim injunction.

(2.) THE trial Court by order dated 21. 9. 1993 allowed the application and restrained defendant No. 1 from constructing and installing a Ginning, Mill at the proposed site till the filial disposal of the suit on merits. Defendant filed an appeal and the same was allowed by the learned Addl. Distt. Judge by order dated 29. 1. 1994, set aside the order of the trial Court and dismissed the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure. Hence this petition at the instance of the plaintiffs.

(3.) DURING the course of hearing of this revision petition learned counsel for the parties brought out that the suit was dismissed in default on 9. 5. 1995 and an application for restoration of the suit was filed and is fixed for 23. 2. 1998 for consideration.