SAVITRI DEVI JAISWAL Vs. GIRIJA SHANKAR JAISWAL

JUDGEMENT

(1.) THE appeal has been filed against the order dated 14.12.1992 passed by Sri Narendra Mishra, Subordinate Judge 1st, Patna in T.S.No.577/91 restraining the plaintiffs of R.S.No. 193/92 pending before the Subordinate Judge, Ranchi from proceeding with the suit till the disposal of T.S.No. 577/91 pending before him at Patna.

(2.) THE resume of the relevant facts are that Smt. Sarojni Devi Jaiswal wife of Girija Shankar Jaiswal filed the above mentioned T.S.No. 577/91 in the court of 1st Subordinate Judge, Patna against M/s. Ram Narayan and Sons through her husband Girija Shankar Jaiswal, her sons and Kripa Shankar Jaiswal, Deo Narayan Jaiswal and Sangram Singh Jaiswal for declaration that defendants have no right to interfere with the business of who - lesale supply of country liquor in Sachet from the Warehouse at Sherghati, Sadar Gaya, Jehanabad, Aurangabad, Daud Nagar, Daltonganj, Garhwa, Hussainabad and Chandwa and also for restraining the defendants by an order of ad interim injunction from interfering with the business and from entering into premises of the instant business or creating any mischief in the instant business. The plaintiff filed a petition under Order 39 Rules 1 and 2 of the Code of Civil Procedure and temporary injunction was granted by the court. Defendant nos. 2 to 4 filed a Misc. Appeal against the said order before the High Court. The said Misc. appeal was dismissed with direction to appoint Girija Shankar Jaiswal as receiver. Girija Shankar Jaiswal was, accordingly, appointed receiver thereafter.

(3.) GIRIJA Shankar Jaiswal, the receiver, thereafter filed a petition in T.S.No. 577/91 for stay of proceeding of T.S.No. 193/92 pending in the court of Subordinate Judge, Ranchi and to restrain the plaintiffs of the said suit from proceeding with the said T.S.No. 193/92 tilt the disposal of the present suit. The court after hearing learned counsel for the receiver restrained the plaintiff of T.S.No.193/92 pending before the Subordinate Judge, Ranchi from proceeding with the said suit till the disposal of S.No. 577/91 or till the petitioner (Girija Shankar Jaiswal) is occupying the office of receiver of the property in suit, which ever challenged in this appeal.