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Jag Deo v. Mangu Singh - WRIT - C No. 43118 of 2006 [2007] RD-AH 7760 (26 April 2007)


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Hon. Tarun Agarwala,J.

The trial court had rejected the application of the plaintiff for grant of temporary injunction by an order dated 15.2.2006 against which the plaintiff preferred an appeal. Before the appeal could be decided, the defendant moved an application 21-Ga which was allowed by an order dated 23.9.2005 permitting the defendant to plaster the wall and put a glass and Jali on the window.

The Misc. Appeal of the plaintiff was allowed by the appellate court under Order 41-B Rule(r)  of the C.P.C. by an order dated 11.5.2006 directing the parties to maintain status-quo on the spot. The defendant-petitioner had filed the present writ petition praying that as a result of the order of the appellate court dated 11.5.2006, the order of the trial court dated 23.9.2005 stands impliedly vacated.

Heard learned counsel for the parties.

In my opinion, the appellate court's order dated 11.5.2006 is modified to the extent that the defendant would be permitted to carry out the minor repairs as directed by the trial court by order dated 23.9.2005. With regard to other aspect, the order of the appellate court will prevail.

The writ petition is disposed of.


AKJ(WP 43118/06)


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