SHIVPUJAN YADAV Vs. BISHNUDEO PRASAD

JUDGEMENT

(1.) This writ petition has been filed against the order dated 23.7.2008 passed by the learned 1st Additional District Judge Garhwa in Misc. Appeal No. 6 of 2007 allowing the appeal and setting aside the order passed by the learned Subordinate Judge-I, Garhwa in Title Suit No. 23 of 2007 dated 6.7.2007 by which the prayer of the plaintiff-respondent No. 1 for grant of temporary injunction was rejected. After allowing the appeal certain directions have also been issued by way of interim arrangement during pendency of the suit.

(2.) The plaintiff-respondent No. 1-Bishundeo Prasad filed the said suit for adjudication and declaration that the Deed of Reconstitution of Partnership dated 12.10.2006 ('2006 Deed' for short) is null, void and inoperative, and for restraining the defendants from proceeding on the basis of the said deed. Plaintiff filed a petition for injunction along with the plaint making the plaint part of it. The contesting defendants 1 to 6 filed their rejoinder to the injunction petition.

(3.) The trial court by order dated 6.7.2007 rejected the prayer for injunction, inter alia, observing that prima facie case is made out in favour of both the parties, but the balance of convenience was in favour of defendants and that the loss to the plaintiff can be compensated and therefore there was no irreparable loss. The plaintiff preferred appeal being Misc. Appeal No. 6 of 2007 against the said order. The appellate court set aside the said order and allowed the appeal by the order impugned dated 23.7.2008 with certain directions.