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AMBA SHANKER UPADHYA versus SOME NATH VYAS

High Court of Judicature at Allahabad

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Amba Shanker Upadhya v. Some Nath Vyas - CIVIL REVISION No. 456 of 1982 [2007] RD-AH 1044 (17 January 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

(Court No.28)

Civil Revision No.456 of 1982

Amba Shanker Upadhya and others  vs.  Some Nath Vyas and others

Hon.S.U.Khan,J.

List revised.  No one has appeared on behalf of opposite parties.  

Heard learned counsel for the applicant.

It appears that in civil appeal no.207 of 1980 an order for maintenance of status quo was passed by IVth Additional District Judge, Varanasi.  Thereafter application under Order 39 Rule 2-A C.P.C. was filed alleging therein that the injunction order had been violated which was registered as Misc. Case No.22 of 1981.  In the said case an application was filed seeking correcting in the application for temporary injunction and order of injunction.  The correction was in the number of the house.  The said application was allowed on 11.8.1982.  The said order is challenged through this revision.  It further appears that appeal itself was decided on 20.8.1981.  In such situation it was not open to permit amendment in the temporary injunction application.  After decision of the appeal such amendment was not permissible.  In any case in the impugned order it is mentioned that "there is no dispute regarding the identity of house in suit between the parties."

In view of this there was no necessity to allow any amendment.  The order is without jurisdiction.

Accordingly, revision is allowed.  Impugned order is set aside.

17.1.2007

RS/-


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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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