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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)

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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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