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Maiya Din Singh v. D.I.O.S. Banda And Others - WRIT - A No. 108 of 2007 [2007] RD-AH 4779 (19 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).


Hon'ble V.C. Misra, J.

The learned counsel for the applicant at the very outset has confined its prayer to the extent that this application filed under Article 227 of the Constitution of India be passed to direct the trial Court to dispose off the injunction application pending since May 2005 as the same has been kept pending since then though several dates had been fixed by the trial Court for the said purpose.

The case of he applicant is that he had participated in the auction proceedings of the property in question and his bid was Rs. 21,21,000/- dated 17.12.2004 and during the pendency of this case the respondent no.1 has called for rebidding and now a bid of Rs.26,50,000/- dated 23.1.2007 of a third party is being considered.

Looking into the facts and circumstance of the case I apparently do not find any pulpable error on the face of the record. However, the trial Court is directed to hear and dispose off the injunction application against which objections have already been filed and are on record at the earliest preferably within one month from the date the certified copy of this order is placed before it.

Till the decision of the disposal of interim injunction application by the trial Court status quo by the parties to the suit shall be maintained in respect with the property in question.  

The application is accordingly disposed off with no order as to costs.

March 19, 2007




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