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MOHAMMAD SAFIQ versus DISTRICT JUDGE ALLAHABAD AND 6 OTHERS

High Court of Judicature at Allahabad

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Mohammad Safiq v. District Judge Allahabad And 6 Others - WRIT - C No. 13868 of 2006 [2006] RD-AH 5409 (7 March 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 petitioner.

The petitioner challenges the order of the trial court dated 8.2.2006 whereby it has issued notice on temporary injunction application to the defendants and has fixed a date for its disposal. The order of the revisional court dated 16.2.2006 is also under challenge whereby the revisional court has dismissed the revision holding it not maintainable against the aforesaid order of the trial court.

From the impugned orders, it is evident that the matter of temporary injunction is still pending before the trial court where the defendants were required by the notice to present themselves and file counter affidavit. The revision against that order is obviously not maintainable in view of catena of decisions of the Supreme Court as well as decisions of this court. Any interference by this court in writ jurisdiction against those orders is not at all justifiable. The petitioner plaintiff to approach the trial court and get his temporary injunction application disposed of at the earliest.

The petition having no force is hereby dismissed.

07.03.2006

gp/13868


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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