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Deep Singh v. Shri Pal And Others - WRIT - C No. - 66404 of 2006 [2007] RD-AH 16734 (23 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).


Hon. Dilip Gupta, J.

The petitioner is the plaintiff of Original Suit No.191 of 2001. He moved an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for grant of injunction as the defendants were intending to construct a road from Plot No.83. It was alleged that the petitioner was the Sankramaniya Bhoomidhar of the property in question and was in actual and physical possession of it. It was also alleged that he had planted a number of trees.

The Trial Court recorded a finding that there did not exist a road on the property in question but since there was no other road other than the road claimed by the defendants on the petitioner's land, injunction should not be granted.

In the Miscellaneous Appeal filed b the petitioner, initially an interim order was granted on 30th May, 2001 but ultimately the Appellate Court dismissed the Appeal.

I have heard learned counsel for the petitioner and the learned counsel appearing for the respondents.

The learned counsel for the parties are agreed that the petition may be disposed of with a direction that the Original Suit No.191 of 2001 itself may be decided expeditiously preferably within a period of one year from the date a certified copy of the order is placed before the Trial Court and till the disposal of the suit, the interim order passed by the Appellate Court on 30th May, 2001 shall continue.

The petition is, accordingly, disposed of.

Date: 23.10.2007



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