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PADAM CHAND JAIN versus SMT. SUSHILA DEVI AND OTHERS

High Court of Judicature at Allahabad

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Padam Chand Jain v. Smt. Sushila Devi And Others - WRIT - C No. 9173 of 2006 [2006] RD-AH 3567 (15 February 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 preferred against the order of the revisional court whereby the revision has been dismissed as the same is not maintainable.

The revisional court has found the revision as not maintainable because it was only against an order of the trial court whereby in a temporary injunction matter notices were directed to be issued to the defendants-respondents fixing a date for disposal. Obviously in view of several judgments of this Court as well as the Hon'ble Apex Court no such revision is maintainable against the order issuing notice on the temporary injunction matters and not granting any exparte injunction order. Therefore, the order of the revisional court is wholly justified and the same cannot be challenged in this petition.

The revision, having no force, is hereby dismissed.

It is, however, observed that the trial court shall take up the injunction matter expeditiously and in case the affidavits between the parties have been exchanged, the same shall be disposed of within a period of three weeks from the date of filing a certified copy of this order.

15.2.2006

SUA/9173-06


Copyright

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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