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R.S. Giri v. Syeed Sakeel Haider And Others - WRIT - C No. - 51250 of 2007 [2007] RD-AH 17231 (31 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.

This petition seeks the quashing of the order dated 6th August, 2007 by which temporary injunction was granted by the learned Civil Judge (Junior Division) Firozabad in Original Suit No. 351 of 2006 and the order dated 18th September, 2007 by which the application for stay in the pending Appeal filed against the said order was rejected and 8th October, 2007 was fixed after inviting objections.

Learned counsel for the parties have stated that the next date fixed in the Appeal is 12th November, 2007.

Having heard learned counsel for the petitioner and Sri Shashi Nandan learned Senior counsel for the respondent No. 1 and Sri S.K. Srivastava learned counsel appearing for the respondent Nos. 2 and 3, I am of the opinion that this is not a fit case for interference under Article 226 of the Constitution. However, as the learned counsel for the petitioner has expressed an apprehension that the disposal of the Appeal may take some time, it is directed that the Appellate Court shall made all endeavors to decide the pending Appeal expeditiously, preferably within a period of one month from the date of filing of a certified copy of this order.

The petition is, accordingly, dismissed subject to the observations made above.

Date: 31.10.2007



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