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2004 Supreme(All) 1208

S.N.SRIVASTAVA
Nagar Nigam, Gorakhpur – Appellant
Versus
Gorakhpur Development Authority, Gorakhpur – Respondent


Advocates:
Counsel for the Petitioner: Satish Mandhyan.
Counsel for the Respondents: Manish Goyal.

JUDGMENT

S. N. Srivastava, J.—Impugned herein is the order dated 16.6.2004, passed by the District Judge, Gorakhpur in Civil Revision No. 128 of 2004 by which parties were directed to maintain present position till the date fixed (11.7.2004) for disposal of injunction application.

2. From a perusal of the record, it transpires that O.S. No. 292 of 2004 was instituted by the plaintiff respondents for the relief of permanent injunction to restrain the defendants from interfering with the possession of the plaintiffs over the property described in the plaint map by letters Ka, Kha, Ga, Gha, Cha. The boundaries of the property have also been enumerated in the plaint. It would further transpire that trial court, i.e., Civil Judge (S.D.) Gorakhpur on 16.6.2004, merely issued notices to the opposite parties fixing 11.7.2004 for disposal of injunction application and aggrieved by the order, a revision was preferred the same day before the District Judge who passed the order impugned herein. It is in the above backdrop that the present petition has been instituted for the relief.

3. The learned counsel appearing for the petitioner assailed the order canvassing that on a careful considerati








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