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MAHESH versus ASHOK & OTHERS

High Court of Judicature at Allahabad

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Mahesh v. Ashok & Others - WRIT - C No. 26391 of 2007 [2007] RD-AH 10414 (5 June 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.SHISHIR KUMAR, J.

By means of the present writ petition the petitioner has approached this Court for quashing the order dated 31.5.2007 by which the revision filed by the petitioner has been admitted but the interim application of the petitioner has been rejected and the date has been fixed for hearing on 2.7.2007.

The argument raised on behalf of the petitioner is that once the revision has been admitted then the interim order should have been granted in favour of the petitioner. The petitioner has placed reliance upon a judgment of this Court in Ali Sher Vs. State of U.P. through Collector, Bijnor reported in Revenue Decisions 2007 (102), Page 498.  In support of the aforesaid contention, the learned counsel for the petitioner submits that this Court has held that once an appeal or revision is entertained by the higher court then interim order should have been granted to avoid any further complication. As it is having civil consequences, therefore, normally the stay should be granted.

The Hon'ble Single Judge has placed reliance upon a judgment of the Apex Court in Mool Chand Vs. Raza Buland Sugar Mills reported in 1983 UPLBEC 519.

After hearing counsel for the  parties and in view of the submission made by the petitioner the present writ petition is disposed of finally with the direction to the revisional Court to decide the revision finally, if possible, on the date fixed that is on 2.7.2007 and if it is not possible on that date then the revision be decided within a period of six weeks from the date of production of the certified copy of the order.  It is further provided that till the decision of the revision of the petitioner, there will be stay in favour of the petitioner.

No order as to costs.    

5.6.2007

SKD

W.P.No.26391 of 2007


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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