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CHHABI NATH AND OTHERS versus A.D.J. AND OTHERS

High Court of Judicature at Allahabad

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Chhabi Nath And Others v. A.D.J. And Others - WRIT - C No. - 50636 of 2007 [2007] RD-AH 16652 (12 October 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.

During the pendency of the application under Order 39 Rule 1 and 2 of the C.P.C. the application 58-Ga of the plaintiff was rejected, against which a revision was filed and during the pendency of the revision, the application under Order 39 Rule 1 and 2 of the C.P.C. was allowed and an injunction was granted by the trial court. The defendant preferred an appeal which is pending consideration and an interim order of status-quo has been passed. During the pendency of the appeal the revision against the rejection of the application 58-Ga was allowed and the matter was remanded back to the trial court to reconsider the said application 58-Ga. The application 58-Ga was to the effect that the parties may be directed to maintain status-quo till the disposal of the injunction application. The injunction application was decided by the trial court. Consequently, the application 58-Ga was rendered infructuous. The revisional court committed an error in remanding the matter back to the trial court for disposal of the application 58-Ga when in fact the said application had become infructuous.

In view of the aforesaid, the impugned order cannot be sustained and is quashed. The writ petition is allowed.

Dated: 12.10.2007

AKJ(WP 50636/07)


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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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