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Ram Singh & Others v. Bhagwan Das & Others - WRIT - C No. 30462 of 2007 [2007] RD-AH 12502 (20 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

Heard counsel for the petitioner and Sri Pankaj Srivastava holding brief for Sri Alok Sharma counsel for respondent no.1

A suit for injunction was filed by the petitioners restraining the respondents from constructing a school building except on plot no. 381/2. The plaintiff alleged that they are inhabitants of the village and have interest to institute the under Section 91 CPC. An application for temporary injunction was also filed. The trial court granted a temporary injunction restraining the defendants from raising construction of school building except on plot no. 381/2. Against that order an appeal was filed by the defendants which has been allowed.

The appellate court has referred to the resolution of the education committee that was later on accepted by the B.S.A and has also observed that the report of S.D.M.  shows that plot no. 130 was suitable for the construction of the school and 50 % construction of the school has been completed.  He has also referred to the report of J.E. dated 1.5.2002 which shows that area of plot Gata no. 381 is insufficient to accommodate the construction as required by the map of S.P.A. It has also been found that the plaintiff would not suffer any hardship if the site is changed and the school constructed on land of the Gaon Sabha even though other than plot no. 381/2. In my opinion this order does not suffer from any illegality. The injunction granted by the trial court amounted virtually to decreeing the suit and making it mandatory upon the defendants to complete the school building on plot no. 381/2. On facts  such a temporary injunction could not have been granted.

Counsel for the petitioner then submitted that the trial court be directed to dispose of the suit expeditiously.

In the facts and circumstances, the trial court is directed to dispose of the suit expeditiously and if possible within a period one year from the date a certified copy of this order is filed before the trial court.

Dt. 20.7.2007



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