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2000 Supreme(All) 1184

B.K.ROY, LAKSHMI BIHARI
BIRAN DEVI – Appellant
Versus
SECHU LAL – Respondent


Advocates Appeared:
C.K.Parekh, N.I.Vishwakarma, S.N.Singh, Sachindra Mohan, V.K.SINGH

BINOD KUMAR ROY, LAKSHMI BIHARI, JJ.


( 1 ) A learned single Judge, vide his order dated 6. 5. 1999, opined that in view of the Full Bench judgment (delivered by Honble Mr. Justice B. P. Jeevan Reddy, C. J. , Honble Mr. Justice V. N. Khare and Honble Mr. Justice V. N. Mehrotra, the first two have been elevated to the Honble supreme Court) in Ganga Saran v. Civil Judge. Hapur and others, 1991 ACJ 186 : 1991 (1)AWC 213, this writ petition filed for quashing the order passed by the Civil Judge (Junior division), Varanasi, refusing to grant interim injunction in favour of the petitioner and that part of the appellate order passed by the Additional District Judge, Varanasi, affirming the same, is not maintainable, but as the learned counsel for the writ petitioner relied upon a single Judge judgment of this Court in Ram Singh v. Special Judge and others, 1992 (Supp 2) RD 362, which, relying upon Dwarika Nath v. Income Tax Officer, AIR 1966 SC 81 and M. V. Elisabeth and others v. Harman Investment and Trading Pvt. Ltd. , JT 1992 (2) SC 65, had explained away the full Bench decision. He further opined that the said decision is contrary to the Full Bench decision and referred the matter to
















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