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2004 Supreme(All) 1695

S.N.SRIVASTAVA
Sinwah Ahmad Shah – Appellant
Versus
District Judge, Agra – Respondent


Advocates:
Counsel for the Petitioner: S. S. Nigam and M. K. Gupta.
Counsel for the Respondents: A. K. Sharma and R. N. Sharma.

JUDGMENT

S. N. Srivastava, J.—The dispute in the instant petition revolves round property No. 28/33 situated at Gange Ka Phatak, Kashmiri Bazar, Agra.

2. It would appear from the record that the respondent Nos. 3 to 8 were the tenants of the house in question of which petitioner No. 1 is the landlord. The access to the said house, it would further appear, was through the staircase and it is alleged that the landlord locked the door having access to the tenements through the staircase. It would further appear that respondents initially represented to the District Magistrate for opening of the lock but having failed, they instituted O. S. No. 475 of 2004 along with accompanying application for temporary injunction in the Court of Civil Judge (Senior Division) Agra. In the ultimate analysis, the trial court passed orders mandating by way of interim injunction to the defendants petitioners to unlock the door barring access to the tenements in question. Aggrieved by the said order, the petitioner defendants preferred revision before the appellate court, which held good the view taken by the trial court and dismissed the revision accordingly. It is in the above backdrop that the petitione














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