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SITA RAM AND OTHERS versus SMT. BANI BAI AND OTHERS

High Court of Judicature at Allahabad

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Sita Ram And Others v. Smt. Bani Bai And Others - WRIT - C No. - 52876 of 2007 [2007] RD-AH 17068 (29 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. Dilip Gupta, J.

The petitioners are the plaintiffs of Original Suit No. 76 of 1991 which was dismissed by the Trial Court. The Civil Appeal was filed and the Injunction Application has been rejected.

The order passed by the learned Additional District Judge, Court No. 1 Jhansi mentions that the Injunction Application is vague and even the boundaries of the disputed land have not been indicated. In the plaint also the boundaries have not been indicated and so there is no infirmity in the order rejecting the Injunction Application.

However, considering the facts and circumstances of the case and the fact that the Civil Appeal is of the year 2000, it would be appropriate if a direction is issued to the Appellate Court to decide the Appeal preferably within a period of four months from the date of the production of a certified copy of this order.

Subject to the observations made above, the petition is dismissed.

Date: 29.10.2007

NSC-52876


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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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