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2001 Supreme(All) 603

R.P.MISHRA, B.K.ROY
U. P. FINANCIAL CORPORATION – Appellant
Versus
DIST. JUDGE, BAREILLY – Respondent


Advocates Appeared:
Avinash Chandra Tripathi, SATISH CHATURVEDI

BINOD KUMAR ROY, R. P. MISRA, JJ.

( 1 ) IN Original Suit No. 117 of 1999, M/smahavir Cement v. U. P. F. C. the Civil Judge (Senior Division), Bareilly on 10/9/1999 passed an order to put up the petition 50 Ga (filed for hearing the petition 6 Ga) for its hearing on the date fixed inviting objection to be filed in the meantime. Respondent No. 3 filed Civil revision No. 155 of 1999 against the order aforesaid which was disposed of by the order impugned by the Incharge District Judge, bareilly as contained in Annexure No. 5 behind the back of the writ petitioner directing the Civil Judge (Senior Division), Bareilly to decide positively the application 6-C on the date fixed before passing any order in the Suit and further directing the writ petitioner not to take possession over the factory till disposal of the said application. The petitioner assails validity of this order before us invoking Articles 226/227 of the Constitution of India.

( 2 ) THREE fold contentions have been made by Sri Satish Chaturvedi, learned counsel for the petitioner in support of the prayers made in this writ petition:- (I) Learned Incharge District Judge has committed an apparent juris-dictional error in pass







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