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RAJ KUMAR AND ANOTHER versus ADDITIONAL DISTRICT JUDGE AND OTHERS

High Court of Judicature at Allahabad

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Raj Kumar And Another v. Additional District Judge And Others - WRIT - C No. 9177 of 2006 [2006] RD-AH 3574 (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.

The petitioners challenge the order dated 30th January, 2006, passed by the Addl. District Judge, whereby the Misc. Appeal against the interim order passed by the trial court was allowed and the temporary injunction has been granted.

The respondent plaintiff filed a suit for permanent injunction and along with that a prayer for temporary injunction was also made. That application, after hearing the parties, was dismissed by the trial court against which the appeal was preferred and the same has been decided by the impugned order by the Additional District Judge. The petitioners defendants claim their right in the disputed plot No. 155, area 2.614 hectare  by way of sale.

Learned counsel contends that the sale was executed by the real owner though, the sale deed is not a registered document. This contention of the learned counsel itself makes things quite evident that the defendants petitioners have absolutely no title in the disputed property and if some injunction has been granted at the instance of other party against them that is wholly justified. The petitioners have no title over the property in suit and that is why the appellate court has passed the impugned order directing the petitioners not to interfere in the property in question belonging to the plaintiff.

The petition having no force is hereby dismissed.

15.02.2006

gp/9177


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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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