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YOGENDRA NATH versus DISTRICT JUDGE SIDDHARTH NAGAR AND OTHERS

High Court of Judicature at Allahabad

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Yogendra Nath v. District Judge Siddharth Nagar And Others - WRIT - C No. - 56501 of 2007 [2007] RD-AH 17993 (16 November 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 petitioner is the plaintiff in Original Suit No. 140 of 2006 that had been filed for permanent injunction to restrain the defendants from interfering with the possession of the petitioner and from constructing a road. Along with the plaint, he moved an application for grant of temporary injunction. The Trial Court rejected this application and the Lower Appellate Court has dismissed the Appeal filed against the said order. The Courts below have given cogent reasons for rejecting the injunction application and I see no good ground to interfere with the order.

Learned counsel for the petitioner then contended that in view of the peculiar facts and circumstances of this case, a direction may be given for early disposal of Suit.

Considering the facts and circumstances as set out in the petition, it is desirable that the suit itself be decided expeditiously.

In view of the facts and circumstances of the case, the writ petition under Article 226 of the Constitution is disposed of directing the learned Civil Judge (Junior Division), Siddharth Nagar to decide Suit No. 140 of 2006 expeditiously preferably within a period of one year from the date of filing of a certified copy of this order before the Court.

Dt/- 16.11.2007

Sharma/56501


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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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