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JAHIR AHMAD AND ANOTHER versus SHEO RAJ SINGH AND OTHERS

High Court of Judicature at Allahabad

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Jahir Ahmad And Another v. Sheo Raj Singh And Others - WRIT - C No. 22231 of 2006 [2006] RD-AH 8209 (24 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the petitioners.

The appellate court has passed an interim order in relation to a suit where the relief claimed is cancellation of sale deed executed in favour of the petitioners. The court below has directed by the impugned order for the parties to maintain status quo over the property in question.

Learned counsel contends that prior to that order no such interim order was passed by the trial court and the appellate court should have refrained from passing such order. The petitioners are already in possession over the property in question.

The order enjoins upon the parties to maintain status quo over the property in question and if the petitioners by virtue of impugned sale deed are continuing in possession over the property, their interest have already been protected by such order. Therefore, the petitioners should not have any grievance against such order and this petition appears to be without any proper cause or basis.

The petition is hereby dismissed. It is however, observed that the appellate court will take up the hearing of appeal and decide it expeditiously at the earliest, if possible, within a period of six month.

24.04.2006

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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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