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R.M. Rai v. A.D.J. - WRIT - C No. 19646 of 1985 [2005] RD-AH 7522 (14 December 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).


Court no. 31

Civil Misc. Writ Petition no. 19646 of 1985

Radha Mohan Rai vs. IInd Addl. District Judge, Ballia & ors.


Hon'ble Bharati Sapru, J.

The present writ petition has been filed in proceeding arising out of suit for injunction filed in 1984. The application of the plaintiff-respondent for injunction was rejected Aggrieved the plaintiff-respondent filed civil appeal which was allowed in favour of the plaintiff-respondent by way of an order dated 13.10.1985 which is under challenge in the present writ petition.

As a result of the stay order granted by this Court on 20.12.1985, the suit had not proceeded. The parties consented before this Court that the suit itself be decided provided status quo is maintained.

In view of the joint request made by the learned counsel for the parties, I direct the courts below to re-open the suit proceedings and to decide the same, preferably within a period of one year. The parties shall not be allowed any unreasonable adjournment in the matter. Till the suit is decided, the parties shall maintain status quo.

With these observations, the writ petition is disposed of finally. There shall be no order as to costs.

Dated  14.12.2005



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