High Court of Judicature at Allahabad
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Ramesh Kumar Pandey v. State Of U.P. & Otehrs - WRIT - C No. 20348 of 2006  RD-AH 7788 (17 April 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Writ Petition has been filed for a direction upon the private respondent no.4 not to interfere in the peaceful possession of the petitioner over the property in question.
The records indicate that the petitioner had filed Original Suit No. 27 of 2000 for permanent injunction and that after the petitioner's house was demolished and the Plaint had been amended, he had also moved an application for restraining the respondents from removing the ''Malva' but the said application was rejected by the trial Court.
In such a situation when the petitioner has already filed the Original Suit, the present petition cannot be entertained. We, therefore, dismiss the petition but leave it open to the petitioner to file an Appeal in case he is so advised, against the order rejecting the injunction application.
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