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Sri Kishun v. Kedar And Others - WRIT - C No. 33255 of 2007 [2007] RD-AH 12760 (24 July 2007)


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Hon'ble Janardan Sahai, J

A suit for injunction has been filed by the petitioner  inter alia for restraining the defendants from demolishing certain  wall in the land in dispute. The trial issued notice on the injunction application but did not grant any exparte temporary injunction. It was submitted by the petitioner's counsel that the petitioner's name  is recorded over the disputed land. In support of his contention two khatauni extracts have been filed by the petitioner which it is said were also filed before the court below. It is stated by the petitioner's counsel that steps have already been taken by the petitioner for service  on the defendants but even before the date fixed it is apprehended that the wall of the petitioner may be demolished

Issue notice to respondents.

In the facts and circumstances as it is apprehended that the walls on the disputed land may be demolished even before the injunction application is heard by the trial court,  till the date of next listing, the respondents are restrained from demolishing the walls over the disputed land. However, this order will not come in the way of the trial court in disposing of th injunction  application and the the trial court shall dispose of the injunction application in accordance with law after affording opportunity to the defendants and the it shall not be influenced by this order.  This order shall also cease to be operative if the injunction application is disposed of before the date fixed by this court.

List on 5.9.2007.

Dt. 24.7.2007



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