SHAILESH KUMAR @ SHELEASH KUMAR Vs. CHANDRA BHUSHAN THAKUR

JUDGEMENT

(1.) Heard Sri Bishwanath Prasad Singh, learned senior counsel appearing on behalf of the defendants 2nd set/appellants and Sri Shashi Shekhar Dwivedi, learned senior counsel, who appeared on behalf of plaintiffs/ respondent 1st set. None appeared on behalf of remaining respondents.

(2.) The present appeal has been preferred under Order XLIII Rule 1(r) of the Code of Civil Procedure against an order dated 8/7/2010 passed by Sub-Judge I, Darbhanga, in Title Suit No. 35 of 2008, whereby the learned court below has rejected the injunction petition filed on behalf of the defendants 2nd set/appellants for restraining the plaintiffs/respondent 1st set from disturbing in repairing the suit property i.e. house.

(3.) Short fact of the case is that the plaintiffs/respondent 1st set filed a suit vide Title Suit No. 35 of 2008 in the court below for the following reliefs:-