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VINOD KUMAR SHARMA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Vinod Kumar Sharma v. State Of U.P. & Others - WRIT - C No. 22633 of 2007 [2007] RD-AH 9192 (14 May 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. Dilip Gupta, J.

This petition is directed against the order dated 19th April, 2007 passed by the learned Additional District Judge, Court No.16, Deoria whereby the appeal filed by the State against the order dated 10th January, 2007 passed by the Trial Court for maintaining status quo in Original Suit No.1536 of 2006 has been set aside and the matter has been remanded back to the Trial Court to decide the injunction application after considering the objections and documents on record.

I have heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent no.1 and Sri V.K. Singh, learned counsel appearing for the respondent no.2.

In view of the order that I propose to pass, it is not necessary to issue notice to the other respondents.

Learned counsel for the petitioner raised number of submissions against the impugned order and submitted that the order of status quo should have been maintained by the Appellate Court even while remanding the matter to the Trial Court.

The records clearly indicate that the Trial Court had passed the order of status quo without recording any reason. The Appellate Court has merely remanded the matter to the Trial Court to decide the injunction application after examining the documents on record. There is no infirmity in the order passed by the Trial Court.

Learned Standing Counsel appearing for respondent no.1 and Sri V.K. Singh, learned counsel appearing for respondent no.2 have stated that the defendants shall file their objections at the earliest, in case, they have not already been filed. The Trial Court shall proceed to decide the injunction application expeditiously in accordance with law preferably within a period of three months from the date a certified copy of the order is filed by the petitioner.

Subject to the observations made above, the writ petition is dismissed.

Date:14.5.2007

GS-22633-07


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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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