RAM PRASAD KANAUJIYA versus SMT. SUSHMA GUPTA

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Ram Prasad Kanaujiya v. Smt. Sushma Gupta - CIVIL REVISION No. 63 of 2005 [2005] RD-AH 1495 (15 June 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vikram Nath J

It is contended that the application for interim injunction is fixed for hearing / disposal on 20.07.2005 before the Civil Judge (Senior division) Meerut. In paragraph 26 and 27 of the affidavit filed in support of stay application it is stated that defendant-respondent are intending to allot the suit property in favour of some other person during the summer vacation.

In the facts and circumstances of the case it is provided that the Civil Judge (Senior Division) shall hear and decide the interim injunction application (paper no. 8C) on the date fixed after hearing the parties. It is made clear that the plaintiff-revisionist shall take necessary steps for service of notice of injunction application and the plaint on the defendants. It is provided that till 20.07.2005, the respondents shall not allot or transfer the suit property.

It is however, made clear that the Trial Court will proceed to decide the interim injunction application on its own merits uninfluenced by the stay granted by this Court, which has been done only looking to the urgency and without adverting to the merits of the case.

With the aforesaid observations the writ petition is disposed of.  

15.06.05 cr. 63/05

vk updh. (6)

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