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RAJARAM versus SPECIAL JUDGE (BHRA. NIR) AND OTHERS

High Court of Judicature at Allahabad

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Rajaram v. Special Judge (Bhra. Nir) And Others - WRIT - C No. 33408 of 2007 [2007] RD-AH 13815 (9 August 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'ble Janardan Sahai, J.

   The trial court granted a temporary injunction on the plaintiffs' application restraining the defendants from interfering with his right of way over the rasta and directing parties to maintain status quo. The defendants preferred an appeal, which has been dismissed. The finding is that the disputed land appears to be a rasta over, which the defendants has made certain constructions. The court blow has considered the Amin's map. The finding is one of fact recorded prima facie. No ground for interference has been made out. Learned counsel for the petitioner submitted that the petitioner may be allowed to complete certain constructions. It is, however, conceded that no counter claim has been filed by the petitioner in the suit.

   In the facts and circumstances this prayer cannot be granted. It was then prayed that the trial court be directed to disposed of the suit itself at an early date.

  It is stated by the petitioner's counsel that issues have been made in this case.  In the facts and circumstances the trial court is directed to dispose of the suit at an early date and if possible within a period of one year from the date a certified copy of this order is filed by the petitioner.

     With these observations the writ petition is dismissed.

9.8.2007.

s.wp.33408/07.


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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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