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2005 Supreme(All) 2421

B.S.CHAUHAN, DILIP GUPTA
SATYA PRAKASH TIWARI @ KALLU – Appellant
Versus
CIVIL JUDGE (Jr. Div. ) ETAWAH – Respondent


Advocates:
Counsel :
Arun Kumar Tiwari and Arvind Kumar Tewari for the Petitioners; C.K. Rai, S.C. for the Respondents.

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed raising the grievance that in spite of the fact that Civil Court passed an interim injunction in favour of the petitioner in the pending Civil Suit No. 85 of 2003, the respondents are not ensuring the compliance thereof.

2. The facts and circumstances giving rise to this case are that a road is being constructed, and for.that purpose, earth is being taken from the petitioner’s land. Being aggrieved, he filed a Civil Suit No. 85 of 2003, Satya Prakash & Ors. v. Chairman, Awas Abhiyanta & Ors. Vide order dated 31.5.2005 the Civil Court, while entertaining the Application for interim relief, directed the parties to maintain status quo. The copy of the said order was served upon the District Magistrate to ensure its compliance, but appropriate steps were not taken by him. Being aggrieved, the petitioners filed another application under Section 151, CPC on 27.9.2005 for passing a more effective interim order but the said application is not being disposed of. Hence this petition.

3. Shri Arun Kumar Tiwari, learned counsel for the petitioners has submitted that once the Civil Court passed the order for maintaining sta





















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