SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(All) 446

RAJIV SHARMA
LALIT MOHAN SRIVASTAVA – Appellant
Versus
DISTRICT JUDGE, AMBEDKAR NAGAR – Respondent


Advocates appeared:
Surya Kant for the Appellant; C.S.C. for the Opposite Parties.

JUDGMENT

Hon’ble Rajiv Sharma, J.—Heard the learned Counsel for the petitioners as well as the learned Standing Counsel.

2. Since the controversy involved in the present writ petition is that as to whether against issuance of notice in a regular suit, civil revision under Section 115 of the Code of Civil Procedure is maintainable or not, the question is purely legal, hence the issuance of notice to opposite-parties No. 2 to 12 is dispensed with.

3. With the consent of the parties’ Counsel, I proceed to hear the matter finally at the admission stage.

4. Petitioner claims to be owner and in possession of Plot No. 531/1 situated at Mohalla Sahjadpur Pargana and Tehsil Akbarpur, District Ambedkar Nagar. Opposite party No. 2 had filed a regular suit for injunction against the petitioner. He has impleaded the petitioner’s family members and near relative as defendant. The suit was filed on 8.9.2005 alongwith application under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial Court being not satisfied at initial stage issued notices to the defendants on the application moved for temporary injunction. Feeling aggrieved with the issuance of notice by the trial Court, the petition
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top