JASWANT LAL Vs. NAND LAL MEHRA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29. 10. 99 of the trial Court in Civil Suit No. 167/93 dismissing the defendant petitioner's application filed u/sec. 10 CPC. The matter has come up for orders on the application filed by Shri R. P. Garg, learned counsel for the respondent on 1. 5. 2000 praying therein for vacation of ad interim stay order dated 31. 3. 2000 whereby, further proceedings pending in Civil Suit No. 167/93 before the trial Court were ordered to be stayed till further orders. THIS revision petition was admitted on 31. 3. 2000. After the notice was served. Shri R. P. Garg put appearance and filed the aforesaid application for vacation.

(2.) AT the time of arguments on the aforesaid application, Shri R. P. Garg learned counsel for the plaintiff respondent produced photostat copy of the certified copy of the judgment dated 8. 5. 2000 passed by the trial Court in Civil Suit No. 334/90, which was filed by Jaswantlal (present defendant petitioner) against Nandlal and Ors. (present respondent plaintiffs), by which Civil Suit No. 334/90 of present petitioner for permanent injunction for restraining Nandlal and Ors. from using the roof of suit shop No. 90 for the purposes of keeping his trade materials and further for restraining from interfering with its use. was dismissed after due trial.