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2005 Supreme(All) 1202

Sukhraji Devi – Appellant
Versus
Babu Ram Kanaujia – Respondent


Advocates:
Ashok Kumar Singh,

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for quashing the order dated 5. 6. 2005 (Annexure-18) passed by the Sub-Divisional Magistrate, Gyanpur, Sant Ravidas Nagar, holding an enquiry and till then to maintain status quo regarding possession, over the property in dispute.

( 2 ) THE facts and circumstances giving rise to this case are that the petitioner on the one hand and the respondents No. 4 and 5 on the other, have a dispute in respect of a particular piece of land. The petitioner claims that she had been granted a patta in respect of the said land under the scheme of Family Planning and she is in possession thereof. Respondents No. 4 and 5 claim ownership over the said land and filed a Civil Suit No. 525 of 2004 for permanent injunction against the present petitioner. However, their application for interim relief under Order XXXIX, rule 1 of the Code of Civil Procedure (hereinafter called the c. P. C. ) is still pending and no order has yet been passed. The respondents No. 4 and 5 approached the Sub-Divisional magistrate, Gyanpur and the Sub-Divisional Magistrate has passed the order dated 5. 6. 2005 that the parties shell maintain status quo. Hence, the presen



















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