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LAL DHARI & OTHERS versus DISTRICT & SESS. JUDGE AZAMGARH/UPPER DISTRICT JUDGE & ORS.

High Court of Judicature at Allahabad

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Lal Dhari & Others v. District & Sess. Judge Azamgarh/Upper District Judge & Ors. - WRIT - C No. 45488 of 2003 [2006] RD-AH 11784 (19 July 2006)

 

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 Rajes Kumar, J.

Heard Sri R. N. Yadav, learned Counsel for the petitioner.

List revised.  No one appears on behalf of respondent.  

The brief facts of the case are that the petitioner filed a Suit no. 946 of 2002 for permanent injunction restraining the respondent nos. 3 to 5 not to interfere in the peaceful possession of the petitioner as well as to stop digging the plinth and construction alongwith an application for interim injunction.  The respondent no. 2 allowed the application after hearing the parties, vide order dated 10.9.2002 and interim injunction was granted restraining the respondent not to interfere in the possession of the petitioner.  The respondent no. 2 filed an appeal against the said order which has been allowed vide order dated 29.3.2003 and the order dated 10.9.2002 passed by the trial court was set aside.  Being aggrieved by the said order, present petition has been filed.   On 10.10.2003, this Court has issued notices to the respondent and directed the parties to maintain status-quo.

On the facts and circumstances of the case and in the interest of justice, writ petition is disposed of with the direction to the Civil Judge, (Jr. Div.), Sahar, Azamgarh (respondent no.2) to dispose of Suit no. 946 of 2002 itself preferably within a period of three months from the date of filing of Certified copy of the order.  The petitioner undertakes to file Certified copy of the order within a period of two weeks.  Till the disposal of Suit, the parties shall maintain status-quo.  It is made clear that this Court has not adjudicated the merit of the case.

Dt:19.07.2006.

MZ/45488.03.


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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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