KAMAL INDUSTRIES Vs. RAGHUNATH

JUDGEMENT

(1.) THE plaintiff has filed a suit for declaration to the effect that the lease deed dated 1 -1 -75 registered on 9 -2 -1975, executed by defendants 1 to 10 in favour of defendants Nos, 11 to 13 is null and void and that the lease granted in his favour dated 4 -S -69 is valid and for certain other reliefs.

(2.) THE suit was registered and summons were issued to the defendants as required by law. On 26 -2 -1975 when the suit was registered and summons directed to be issued to the defendants Mufti J. passed the following order : "Registrar. Issue notice to the defendants to appear to defend the suit. Also issue notice in the interim application. Pending final orders on the interim application defendants 1 to 1C defendants 14 to 23 are restrained from handing over the possession of the disputed property to defendants 11 to 13 and, further, all the defendants are restrained from altering or changing the shape and structure of the existing walls and structures included in the suit property as also from dismantling the same. The defendants 7 to 10 are minors and the plaintiffs has nominated their guardian -ad -item. Issue notice to the minors as also to the nominated guardian to file objections, if any, with regard to the proposed nomination. Put up on a date to be fixed by the Deputy Registrar."

(3.) A perusal of the file shows that on 20 -8 -75 the plaintiff again Sled an application with a twin prayer : (1) that the defendants be dealt with and punished for contravening the injunction already issued against them ; and (2) that a further temporary injunction be issued restraining the defendants, pending final conclusion of the suit, from driving or allowing the trucks or vehicles to be driven in the vacant premises included in the suit property."