High Court of Judicature at Allahabad
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Uttam Chauhan v. Smt. Sakunti Devi And Others - WRIT - C No. 47268 of 2006  RD-AH 17058 (30 September 2006)
Hon. Tarun Agarwala,J.
Heard learned counsel for the petitioner.
The plaintiff's application for grant of temporary injunction was rejected by the trial court as well as by the appellate court. A finding has been given that the plaintiff's application under Section 176 of the U.P.Z.A & L.R. Act for partition was pending consideration. It is also come on record that the petitioner purchased a share of a co-sharer and therefore, in effect he has now stepped into the shoes of the said cosharer. Consequently, the court below justified in refusing to grant a temporary injunction in favour of the petitioner in view of the pendency of the application under Section 176 of the U.P.Z.A.& L.R.Act.
The writ petition fails and is dismissed. The finding arrived at by the trial court as well as by the appellate court are only tentative in nature and will not influence the decision by the authority under Section 176 of the Act.
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