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Mohan Saw v. Shri Keshari Ram - WRIT - C No. 27629 of 2007 [2007] RD-AH 12242 (18 July 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).


Hon'ble Janardan Sahai, J

A suit for injunction was filed by the petitioner in which an application for temporary injunction was also filed. The trial court granted temporary injunction directing the parties to maintain status quo. Against that order an appeal was preferred by the respondent in which an order has been passed staying the order of the trial court. This petition was filed in the summer vacations and an order directing maintenance of status quo was passed on 19.6.2007.

It is submitted by the counsel for the petitioner that the appellate order dated 31.5.2007 was an exparte order without notice to the petitioner.

The petitioner has remedy of applying in the appeal itself for vacation of the interim order passed by the appellate court.

Counsel for the petitioner submitted that the petitioner will make an application before the lower appellate court within 10 days  from today for vacation of the stay order.  He also prayed that unless an interim protection is granted to the petitioner the respondent shall make constructions during the pendency of the stay vacation application. It is therefore directed that in case such an application is filed by the petitioner within the aforesaid time,  the interim order already  granted by this Court on 19.6.2007 directing the parties to maintain status quo shall continue until disposal of the stay vacation application. However, it is made clear that if the application is not filed by the petitioner within the time aforesaid, the order passed by this Court shall stand automatically vacated. It is further  made clear that the order of status quo passed in this writ petition will not influence the appellate court in considering the stay application or stay vacation application on merits.

With the aforesaid direction this writ petition is disposed of.  

Let a copy of this order be supplied to the counsel for the petitioner on payment of usual charges within 24 hours.

Dt. 18.7.2007



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