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BISHOP S.R. THOMAS & ANOTHER versus J.J. OLIVER MAJOR & ANOTHER

High Court of Judicature at Allahabad

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Bishop S.R. Thomas & Another v. J.J. Oliver Major & Another - WRIT - C No. 68512 of 2005 [2005] RD-AH 5104 (28 October 2005)

 

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'ble Anjani Kumar, J.

Heard learned counsel for the parties.

By means of present writ petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 14th October, 2005, passed by the revisional Court in civil revision no. 633/74 of 2005.

Learned counsel for the petitioners submitted that since revision was filed against the order dated 7th October, 2005 passed by the trial Court, whereby the trial Court has issued notices on application for grant of temporary injunction, therefore in view of the law laid down by this Court, according to learned counsel for the petitioners, the revision is not maintainable as the order impugned before the revisional Court was not covered by the phrase 'case decided'.

I am in full agreement with the submissions made by learned counsel for the petitioners.  In these circumstances, without inviting any counter affidavit, this writ petition succeeds and is allowed.  The order passed by the revisional Court dated 14th October, 2005 (Annexure-'10' to the writ petition), is quashed.  The trial Court is directed  to decide the injunction application filed by the petitioners.  It is further directed that till the injunction application is decided by the trial Court, the parties are directed to maintain the status-quo as on today with regard to the property in dispute.

Dated: 28.10.2005.

Rks/68512.05


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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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