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DR. MD. MOBARAK ALI vs PROF. MD. ALLARAKHA--Opposite-Party — 1968 PLD 639

Citation: 1968 PLD 639

Court: Dacca

Year: 1970

Decision Date: 1970-12-31

Parties: DR. MD. MOBARAK ALI vs PROF. MD. ALLARAKHA--Opposite-Party

Headnotes

Case cited as PLD 1968 Lah. 639

Judgment Text

Court Name: Dacca Judge(s): A. K. M. Nurul Islam Title: DR. MD. MOBARAK ALI vs PROF. MD. ALLARAKHA--Opposite-Party Case No.:Appeal from Appellate Decree No, 23 and Civil Revision Case No, 1382 of JUDGMENT Reported As: PLD 1971 Dacca 293 Result: Order accordingly Judgment JUDGMENT An application under Order XXXIX, rule 2(3) of the Code of Civil Procedure alleging violation of the ad interim order of maintaining status quo passed in title Suit No, 144 of 1968, of the 6th Court of the Munsif, Dacca, was filed by Professor Mohammad Allarakha plaintiff of the said suit, which has eventually given rise to the second miscellaneous appeal in this Court. 'The plaintiff filed the said suit for permanent and mandatory injunction against the defendant- appellant Dr. Md. Mobarak Ali and in the said suit he also made a prayer for temporary injunction restraining the defendant from further construction of his building till the disposal of the said suit. On the said application for temporary injunction, the learned Munsif issued notice upon the defendant to show cause why the temporary injunction would not be granted against him as prayed for and also issued a writ for maintaining status quo till the hearing of the injunction matter. Thereafter the plaintiff filed the aforementioned application under Order XXXIX, rule 2(3) of the Code of Civil Procedure, alleging inter alia that the notice and the writ issued by the learned Munsif was served upon the defendant on 29-7-68, but the said…

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