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RAMAN SINGH versus RANMANT SINGH & OTHERS

High Court of Judicature at Allahabad

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Raman Singh v. Ranmant Singh & Others - FIRST APPEAL FROM ORDER No. 1371 of 2007 [2007] RD-AH 10068 (24 May 2007)

 

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 Amitava Lala,J.

Hon'ble V.C.Misra,J.

This appeal is arising out of vacating the interim order of injunction dated 25th April,2007 passed by the appropriate court below.  The appellant contended  that the suit for injunction is pending for disposal.  The learned counsel appearing for the respondent no.5 contended before this Court that all the contesting parties have filed their written statement.  From the submissions made by the parties, it appears that the plaintiff might be in an actual physical possession of the property, but by virtue of a sale deed the respondent has been given possession possibly that possession is in the nature of symbolic possession.  We are not going to decide the issue in this court now.  We are directing to the court below to expedite the hearing of the suit preferably within a period of three months after summer vacation.  It appears to this Court that it is a case where an order of status-quo of date will continue amongst the parties in respect of possession in question in the meantime.

However, by virtue of such order, it is established that no body's right should be infringed.  But the said order is passed hereunder strictly without prejudice to the rights and contention of the parties for the purpose of effective disposal of suit.  No unnecessary adjournment will be granted and preferably the court below will give day to day hearing for its early disposal.

Thus, the appeal is disposed of at the stage of admission.

However, no order is passed as to costs.

Dt.24.5.07

PKB

FAFO 1371-07  


Copyright

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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