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Gulab Chandra Gupta & Another v. Abida Begum & Another - WRIT - C No. 5885 of 2006 [2006] RD-AH 2343 (31 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).


Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the parties.

The petitioner plaintiffs' application for temporary injunction as well as prayer for survey of the disputed land has been rejected by the courts below. The grievance in this petition, which has been demonstrated and has been argued by the learned counsel for the petitioners is only that there is admittedly a dispute between the parties about location of the land in suit whether it is located in plot No. 411 as stated by the plaintiffs petitioners or it is located in plot no. 418 as pleaded by the defendant respondents. When the dispute between the parties about location of the land in one or the other plot has come before the court, the only way out to resolve the controversy is to get the survey of the land in suit done and not otherwise. Therefore, it would be in the fitness of things and would be justifiable if the court below is directed to get the survey of the disputed land done at the earliest so that the suit may further proceed to its final disposal.

In view of the aforesaid, the petition is disposed of with this direction that the court below shall take up this matter of survey and get it completed within a period of ten weeks and then further proceed in the suit in accordance with law.




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