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SANA ULLAH KHAN @ GORE KHAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Sana Ullah Khan @ Gore Khan v. State Of U.P. & Others - WRIT - C No. 16205 of 2007 [2007] RD-AH 5519 (28 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. Anjani Kumar, J.

Hon. Dilip Gupta, J.

Heard counsel for the petitioner and the learned Standing Counsel who has accepted notice on behalf of respondent Nos.1 to 3. In view of the order that we propose to pass, it is not necessary to issue notice to the remaining respondents.

The petitioner,  by means of this petition, has prayed for the following relief:-

" (a) issue a writ, order or direction in the nature of mandamus directing the respondent Nos.1 to 3 to take immediate necessary measures in compliance of the order dated 5.12.2006 passed by Civil Judge (J.D.) Sambhal, Moradabad in O.S. No. 1044 of 2006 )Sana Ullah Khan Vs. Kamruddin and others)".

From  a perusal of the order dated 5.12.2006 it is apparent that the trial court while issuing notices on the application 7 C (injunction application for grant of temporary injunction) had granted temporary injunction directing the parties to maintain status quo. Inspite of the injunction granted by the trial court directing the parties to maintain status quo,  the defendants of the suit are making constructions over the land in dispute.

Be that as it may, the grievance of the petitioner, if any,  can be adjudicated upon by the Court which has granted the order dated 5.12.2006 in case the petitioner files an application Under Order XXXIJX Rule 2-A, C.P.C.

With the aforesaid observations,  the writ petition is finally disposed of.

Dt/- 28.3.2007

Sharma/16205


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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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