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SMT. NEENU versus STATE OF U.P. THRU' SECRY. CIVIL SUPPLIES AND OTHERS

High Court of Judicature at Allahabad

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Smt. Neenu v. State Of U.P. Thru' Secry. Civil Supplies And Others - WRIT - C No. 46 of 2007 [2007] RD-AH 3989 (8 March 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 OF ALLAHABAD

Hon'ble V.C. Misra, J.

Heard.

Issue notice to the respondents returnable within six weeks through registered post with acknowledgement. In addition to the normal mode of service, the petitioner is permitted to serve the respondents personally and shall file an affidavit of service by the next date of listing. Requisite steps be taken within one week.

This application has been filed challenging the impugned order passed by the revisional Court in Misc. Appeal after setting aside the order dated 10.5.2005 passed by the trial Court  by which the trial Court declined to dispose off the application moved by the respondents for restoring the case to its original number on the ground that once an award passed by the Lok Adalat under the Legal Services Authority Act and the same would be final. In the present case the matter had been placed before the Lok Adalat which was decreed on 9.11.2001 which is also under challenge.

Looking into the facts and circumstances of the case, I find that a prima facie case is made out in favour of the applicant and balance of convenience also lies in his favour and irreparable loss and injury shall be caused to the applicant in case an ex parte interim order is not passed.

Till the next date of listing, the effect and operation of the impugned order dated 29.1.2007 (Annexure-6 to the application) passed by the Upper District and Sessions Judge, Court No.9 Gorakhpur, shall remain in abeyance.

List immediately after expiry of six weeks.  

March 8, 2007

Hasnain

wp.46.07


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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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