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SMT. CHANDRA AND OTHERS versus GOPAL MAHESHWARI AND ANOTHER

High Court of Judicature at Allahabad

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Smt. Chandra And Others v. Gopal Maheshwari And Another - WRIT - C No. 3589 of 2006 [2006] RD-AH 2273 (30 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard learned counsel for the petitioners.

This petition has been directed against the order whereby the appellate court dismissing the appeal of the respondents has directed the parties to maintain status quo over the property in question till the disposal of the application for temporary injunction moved by the plaintiffs-petitioners before the trial court.

From the aforesaid order challenged in this petition it is evident that the court below has simply directed the parties to maintain status quo over the property in question only till the final disposal of the injunction application. The directions have also been given to dispose of the injunction matter expeditiously on the first date fixed in the proceedings in the original suit. From the facts and circumstances as demonstrated in the order in question itself, it is evident that the injunction matter has not yet been finally decided and instead of this Court interfering into the said matter of temporary injunction, it would be just and proper to direct the trial court to take up that injunction matter and decide it after hearing the parties on the date which ever is already fixed. No further adjournment in that regard should be granted.

The petition is hereby disposed of with a direction to the court below that it shall take up injunction matter on the next date of listing in the suit and finally dispose of the same after hearing both the parties.

30.01.2006

SUA/3589-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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