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Mumtaz v. Special Additional District Judge And Others - WRIT - C No. 21093 of 2006 [2006] RD-AH 7854 (18 April 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).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for a direction upon the private respondent nos. 3 to 11 not to raise unauthorised construction over the disputed land pursuant to the order dated 24th September, 2003 passed by the learned Special Additional District Judge, Shaharanpur in Civil Appeal No. 84 of 1997.

We have heard learned counsel for the petitioner and the learned Standing Counsel appearing for respondent nos. 1 and 2. In view of the order that we propose to pass, it is not necessary to issue notice to respondent nos. 3 to 11.

The records of the petition reveal that against the rejection of the injunction application by the trial court, the petitioner filed the Civil Appeal No. 84 of 1997 in which an order was passed on 24th September, 2003 directing both the parties to maintain status quo till the disposal of the Suit but as the said order was not complied with, the petitioner filed an application under Order XXXIX Rule 2-A of the Code of Civil Procedure, which is still pending disposal.

In our opinion, when the application under Order XXXIX Rule 2-A is pending disposal, there is no occasion for us to entertain this petition. It is, accordingly, dismissed. We, however, order that the said application shall be disposed of expeditiously by the Special Additional District Judge, Shaharanpur.

Date: 18.4.2006



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