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2011 Supreme(All) 1457

RAJIV SHARMA
Munni Begum (Smt. ) – Appellant
Versus
Civil Judge [J. D. ] South Sultanpur and Ors. – Respondent


Advocates:
P.K.Srivastava, Advocate, for the petitioner, C.S.C., Manish Kumar, for the respondent.

Rajiv Sharma, J.;-

Heard learned Counsel for the petitioner and Sri Manish Kumar, learned Counsel for the respondent No. 1 and perused the records.

2. The petitioner filed a suit for permanent injunction before the respondent No.1, which was registered as Regular Suit No.1192 of 2003, on which, notices were issued and objections were also filed. The Trial Court, vide order dated 12.11.2003, granted injunction in favour of the petitioner, restraining the opposite parties from raising constructions. Thereafter, the petitioner has filed a writ petition, bearing No. 1483 (MS) of 2009, before this Court on the ground that despite the ad interim order dated 12.11.2003, the construction was going on. This Court, vide order dated 20.3.2009, disposed of the writ petition with a direction to the trial Court to decide the application on the date fixed. In compliance thereof, the trial Court, vide order dated 22.12.2009, decided the petitioner's application on 22.12.2009, directing the opposite parties to comply the ad interim order dated 12.11.2003. Subsequently, as none of the police authorities visited the disputed site and restrained the respondents from raising constructions, the petitioner





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