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RAM LAKHAN SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ram Lakhan Singh v. State Of U.P. And Others - WRIT - C No. 42141 of 2006 [2006] RD-AH 13669 (18 August 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 Anjani Kumar, J.

Heard learned counsel appearing on behalf of the parties.

The petitioner aggrieved by the order passed by the Sub-Divisional Officer, Atarra, Banda dated 16th September, 2002, whereby an application under Order IX Rule 13 of the Code of Civil Procedure filed by the contesting respondents has been allowed, preferred a revision before the revisional authority.  The revisional authority vide its order dated 17th February, 2006 dismissed the revision and maintained the order passed by the trial Court.  Thus, this writ petition under Article 226 of the Constitution of India.

From the perusal of the orders impugned in this writ petition, it is apparent that none of the rights of the petitioner has yet been adjudicated upon.  In this circumstance, I do not find it to be a fit case for interference with the impugned orders.  It is always open to the petitioner to raise his grievance before the revisional Court as have been raised before the trial Court with regard to the application filed by the contesting respondents.

With the aforesaid observation, this writ petition is dismissed.  However, there will be no order as to costs.

Dated: 18.08.2006.

Rks/42141.06.


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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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