High Court of Judicature at Allahabad
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Kuldeep Singh And Another v. State Of U.P. And Others - WRIT - C No. 7016 of 2006  RD-AH 2710 (6 February 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioners.
This petition has been preferred against the order dated 10.1.2006 whereby the trial court in a suit for injunction has granted exparte temporary injunction on the application under Order XXXIX, Rule 1 C.P.C. Against that order Misc. Civil Appeal No. 3 of 2006 is filed, which is still pending.
The question of validity of the order dated 10.1.2006 passed by the trial court is to be determined in the aforesaid Misc. Appeal, which is pending before the District Judge/Addl. District Judge concerned. Therefore, any relief against that order of the trial court is not possible in this petition. The appellate court will look into the merit of the case and decide it. Since this petition is not maintainable at this stage, it is hereby dismissed. It is however, observed that Misc. Appeal filed may be taken up by the court below for expeditious disposal.
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