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KAILASH SINGH AND OTHERS versus STATE OF U.P. THRU' ITS DISTRICT MAGISTRATE AND OTHERS

High Court of Judicature at Allahabad

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Kailash Singh And Others v. State Of U.P. Thru' Its District Magistrate And Others - WRIT - C No. 15399 of 2006 [2006] RD-AH 6260 (22 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 Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed claiming various reliefs.

Sri Navin Sinha learned counsel appearing for the respondents has raised preliminary objection regarding the maintainability of the writ petition contending that the petitioner's suit is still pending. Sri Atul Kumar learned counsel for the petitioner has submitted that the petitioner is forced to file the writ petition for the reason that application for interim relief filed about 10 years ago before the civil court has not yet been disposed of.

In the facts and circumstances of the case, we are not inclined to entertain the writ petition as suit between the parties is still pending. However, if the application for interim relief under Order 39 Rules 1 and 2 C.P.C. has not already been disposed of, we request the learned civil court to decide the same expeditiously strictly in accordance with law.

In view of the above, the writ petition stands disposed of.

Sri Vipin Sinha and Sri Sanjeev Singh appears for the respondents.

22/3/2006

SB


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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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