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GHASI RAM AND OTHERS versus II ADDL. CIVIL JUDGE(SR. DIV.), BIJNOR AND OTHERS

High Court of Judicature at Allahabad

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Ghasi Ram And Others v. Ii Addl. Civil Judge(Sr. Div.), Bijnor And Others - WRIT - C No. 38289 of 1997 [2007] RD-AH 6955 (17 April 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.Tarun Agarwala,J.

Heard learned counsel for the petitioner and the learned counsel for the respondents.

The suit was filed in the year 1991. The plaintiff's application  for grant of temporary injunction was rejected. He preferred an appeal which was allowed and a temporary injunction was granted by the lower appellate court. The defendant being aggrieved by the said order filed the present writ petition in which an interim order dated 7.4.1999 was granted staying the operation of the order dated 3.10.1997, i.e., the appellate order. This interim order is continuing for the last 8 years. The consequential effect of the interim order is that there is no injunction operating against the defendant. In view of the aforesaid that no injunction is operating in the last 8 years and the suit is of the year 1991 this Court is therefore, not inclined to proceed any further on the injunction application.

The writ petition is disposed of in terms of the interim order dated 7.4.1999 and the trial court is directed to decide the suit within six  months from the date of the production of the certified copy of this order. The substitution application is disposed of with the direction that necessary substitution application should be filed before the trial court.

 

Dated:17.4.2007

AKJ (WP 38289/97)


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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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