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2003 Supreme(All) 583

RAKESH TIWARI
BAL KISHAN – Appellant
Versus
VITH ADDITIONAL DISTRICT JUDGE – Respondent


Advocates Appeared:
M.B.Mal, S.K.MEHROTRA

RAKESH TIWARI, J.

( 1 ) HEARD the learned counsel for the parties and perused the records.

( 2 ) THIS writ petition has been filed by the petitioners challenging the orders dated 25. 7. 1996 and 3. 7. 1999, Annexures-4 and 5 to the writ petition.

( 3 ) THE brief facts of the case are that respondent No. 4 had filed Suit No. 1666 of 1983 in the court of Munsif City, Kanpur Nagar against the petitioners for permanent injunction for restraining them from interfering and from taking possession in any portion of premises No. 50/88 Hatia, Kanpur Nagar without partition and without clarifying the shares in the house in dispute. The application for temporary injunction filed along with the suit was rejected by the munsif City, Kanpur Nagar, against which misc. appeal was filed before the District Judge, kanpur Nagar. The appeal was allowed and the proceedings of the suit restarted in the Court of munsif City.

( 4 ) IT is stated that the suit was transferred by the District Judge, Kanpur Nagar from the Court of munsif City, to the Court of IVth A. C. M. M. , in the year 1991.

( 5 ) THE contention of the petitioner is that when the suit was filed before the Munsif City, the valuation of the










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