High Court of Judicature at Allahabad
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Sardar And Others v. D.J. Muzaffar Nagar And Others - WRIT - C No. 37444 of 2006  RD-AH 11727 (18 July 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioners.
On petitioners - plaintiffs' application for temporary injunction under Order 39 Rules 1 and 2 C.P.C. the trial court directed issuance of notice to the defendants and no exparte injunction was granted. Against this order the petitioners went in revision before the District Judge, which has been dismissed as not maintainable.
Since the matter already pending and open for disposal before the trial court, it would not be just and proper for this court to accord any relief in this context to the petitioners under Article 226 of Constitution of India. It is stated by the learned counsel that 1st of August, 2006 is the date fixed in the matter by the trial court and I trust and believe that the matter shall be taken up and decided on that date.
The petition is disposed as above.
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