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Pramod Kumar Mishra v. Ivth A.D.J., Etah & Others - WRIT - C No. 145 of 1996 [2006] RD-AH 5771 (9 March 2006)


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Court no. 31

Civil Misc. Writ Petition No. 16396 of 1996

Smt. Vimilesh Pandey


IVth Addl. District Judge and ors.

Connected with

Civil Misc. Writ Petition No. 145 of 1996

Pramod Kumar Mishra


IVth Addl. District Judge and ors.


Hon'ble Bharati Sapru, J.

Heard Sri Anshu Chaudhary learned counsel for the petitioner and Sri P.S. Yadav learned counsel for the respondents.

Both the writ petition No. 16396 of 1996 and 145 of 1996 are arising out of the proceedings of a suit filed in the year 1992. The said suit is still pending before the court below. It would be in the interest of justice that the suit itself be decided at an early date.

This court had passed an interim order on 3.1.1996 by which the petitioner was directed to furnish a bank guarantee of Rs. 2 lacs in addition to the security of Rs.4,30,000/- furnished during the pendency of the appeal and on this condition he was permitted to run the factory. The terms of the interim order dated 3.1.1996 shall continue for a period of three months, provided the petitioner abide by this terms. The suit may be reopened immediately upon the production of a certified copy of this order by either of the parties before the court below. It is made clear that the parties to the suit will not be permitted by the courts below to seek any frivolous and unreasonable adjournments and the suit, if possible, shall be decided within a period of one year.

The both the writ petitions are disposed of as above.

Dated 9.3.2006



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