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SRI JOSEPH LAL & ANOTHER versus BUNI AD

High Court of Judicature at Allahabad

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Sri Joseph Lal & Another v. Buni Ad-Hoc Committee & Others - WRIT - C No. - 43934 of 2007 [2007] RD-AH 15433 (12 September 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 AT ALLAHABAD

Hon.Tarun Agarwala, J.

The trial court issued notice on the application for grant of temporary injunction to the defendant against which the plaintiff filed a revision which was dismissed as not maintainable. The plaintiff being aggrieved has filed the present writ petition.

The learned counsel for the petitioner submitted that the question whether the Civil Revision is maintainable or not has been referred to a larger Bench by an order dated 18.9.2006 in Ram Dhani vs. Raja Ram, 2006 (3)ARC 623. The learned counsel submitted that in view of the fact that the matter has been referred to a Larger Bench, the revisional court ought to have stayed its hands and should not have dismissed the revision as not maintainable.

Be that as it may. Without going into the controversy as to whether the revision should have been entertained by the revisional court, this Court is of the opinion that since the notices were issued by the trial court to the defendants, it would be appropriate for the petitioner-plaintiff to contest the matter before the trial court itself. Consequently, I direct the trial court to decide the injunction application since it relates to the functioning of the petitioners as the Committee of Management of the Union within four weeks from the date of the production of a certified copy of this order after hearing the parties concerned.

The writ petition is disposed of.

Dated:12.9.2007

AKJ(WP 43934/07)


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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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