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2011 Supreme(All) 1353

RAJIV SHARMA
Shri Ram Dixit – Appellant
Versus
District Judge, Rae Bareli and others – Respondent


Advocates:
Mohd.Arif Khan, Sr.Advocate, assisted by Mohd.Adil Khan, Advocate, for the petitioner.
Parmanand Shukla, Advocate, for the respondent.

Rajiv Sharma, J.;-

Heard Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Adil Khan, for the petitioner and learned Standing Counsel for opposite parties Nos. 1 and 2 and Sri Parmanand Shukla, learned Counsel for the opposite party Nos. 3 to 6.

2. Through the instant writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 2.8.2010 passed by the opposite party No.1-District Judge, Raibareli, whereby the order dated 17.3.2010 passed by the opposite party No.2-Civil Judge (Junior Division), Court No.16, Raibareli, has been affirmed.

3. Brief facts, giving rise to the instant writ petition, are that the petitioner filed a suit for permanent injunction for restraining the opposite party Nos. 3 to 6 not to intefere in the peaceful possession of the property described in the plaint, which was registered as Regular Suit No. 881 of 2009. Along with the plaint, an application for temporary injunction was also preferred under Order 39 Rules 1 and 2 of the Code of Civil Procedure stating therein that he solemnized marriage with Smt. Phoolkali, daughter of Banwari Lal. Said Phoolkali expired on 4.8.2009 but before death she remained with the












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