ARIJIT PASAYAT, ASOK KUMAR GANGULY
Radhey Shyam – Appellant
Versus
Chhabi Nath – Respondent
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
Basappa Vs. Nagappa 1955 (1) SCR 250
Shri Sohan Lal Vs. Union of India and Another AIR 1957 SC 529
Mohd. Ikram Hussain Vs. The State of Uttar Pradesh and others AIR 1964 SC 1625
Mohd. Hanif Vs. The State of Assam 1969 (2) SCC 782
Naresh Shridhar Mirajkar and others Vs. State of Maharashtra AIR 1967 SC 1 (V 54 C 1
State of Rajasthan Vs. Bhawani Singh AIR 1992 SC 1018
Mohan Pandey Vs. Usha Rani Rajgaria AIR 1993 SC 1225
Rupa Ashok Hurra Vs. Ashok Hurra and another (2002) 4 SCC 388
Surya Dev Rai Vs. Ram Chander Rai and others 2003 (6) SCC 675
P.R. Murlidharan and others Vs. Swami Dharmananda Theertha Padar and others 2006 (4) SCC 501
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