C D GROVER Vs. ASHOK KUMAR

JUDGEMENT

(1.) Charan Das Grover, his mother Veera Devi and his two sons Devendra Grover and Ashok Grover were running a partnership business in the name of M/s. Green Hotel, Station Road, Bikaner. On July 8, 1995 this partnership deed was dissolved. Ashok Kumar brought a suit in the Court of Civil Judge (Junior Division), Bikaner against three other partners praying for a permanent injunction restraining them from using and transferring the properties of the Firm. In this suit an application for temporary injunction was moved by plaintiff Ashok Kumar claiming a temporary injunction restraining the respondents from using the properties given in the list attached with the application till the accounts are settled between the parties. The plaintiff Ashok Kumar also moved an application for appointment of (sic) not transfer it without the consent of the plaintiff. The plaintiff was given a right to go on the premises for seeing the accounts of the dissolved firm during normal working hours. It was also directed that the defendants would give a duplicate key of the lock put on the place where firm's property was stored. The plaintiff filed an appeal against the rejection of the application for appointment of Receiver as also against temporary injunction granted. The defendants also filed an appeal, against the grant of temporary injunction against them. These three appeals were decided by a common order dated December 21, 1995 by the Additional District Judge, Bikaner. The learned Additional District Judge dismissed all the three appeals and maintained the order of the trial Court.

(2.) Now S.B. Civil Revision Petition No. 175/ 96 is filed by the original defendant-C.D. Grover against the temporary injunction granted by the trial Court against him. S.B. Civil Revision Petition No. 195/96 is filed by the plaintiff Ashok Kumar against dismissal of his appeal in the temporary injunction matter and S.B. Civil Revision Petition No. 193/96 is filed by the plaintiff Ashok Kumar against the dismissal of his appeal in the matter of appointment of Receiver.

(3.) As the above three revision petitions arise out of the common appellate order, they were heard together and are being decided by this common order.