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2009 Supreme(SC) 708

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Radhey Shyam – Appellant
Versus
Chhabi Nath – Respondent


Advocates Appeared: For the Appellants:Deba Prasad Mukherjee, Advocate. For the Respondents:Dr. Madan Sharma, Vijay Kumar Pandita, Asha Upadhyay, R.D. Upadhyay, Advocates.

Judgment :-

Ganguly, J.

1.1. Leave granted.

.2. The subject matter of challenge in this appeal is an order dated 12.10.2007 passed

.by a learned Single Judge of Allahabad High Court, whereby the learned Judge interfered in a writ petition with the proceedings which were pending before a Civil Court.

2.3. From a perusal of the record, it appears that the appellants on 16.5.2005 filed a Civil Suit being No. 462 of 2005 in the Court of learned Civil Judge (Junior Division) Jaunpur, for injunction restraining the defendants from interfering with the possession of the disputed land. In that suit, an application seeking temporary injunction (numbered 6C) was also filed. It appears that initially the trial court issued notices to the defendants but did not grant any ad interim ex parte injunction.

3.4. Being aggrieved thereby, the appellants filed a civil revision being C.R. No.246 of 2005 before the District Judge, Jaunpur and that was admitted by the learned District Judge and an order of maintenance of status quo was passed till the disposal of the application for temporary injunction - (Application No. 6-C). It was also observed by the District Judge that after the plaintiffs suit is d









































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