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2013 Supreme(All) 491

ANIL KUMAR
Govind Das – Appellant
Versus
Addl. District Judge/Special Judge and Others – Respondent


Advocates:
Sri V.D. Ojha, Advocate, for Petitioner.
SC, Sri K.P. Tiwari, Advocate, for Respondent.

Anil Kumar, J.—

Matter is taken in the revised cause list.

2. None present on behalf of respondent.

3. Heard Sri V.D. Ojha, learned counsel for petitioner and perused the record.

4. Facts in brief as submitted by the learned counsel for the petitioner are that for redressal of his grievances, petitioner filed a suit for cancellation of sale deed before the Civil Judge (Sr. Div.), Jhansi.

5. In the said matter, the petitioner has moved an application for grant of temporary injunction under Order 39 Rule 1 and 2 CPC., rejected vide order dated 12.07.2004.

6. Aggrieved by the said fact, the petitioner filed an appeal (Appeal No. 79 of 2004) before appellate Court, dismissed by order dated 06.10.2006. Thereafter, the present writ petition has been filed by the petitioner for redressal of his grievances. On 21.12.2006, this Court has passed an interim/injunction order, relevant portion is quoted as under:-

"Till the next date of listing the defendatns no. 4 and 5 are restrained from raising any construction ont ehlandin question or from alienating it."

7. Thus, the question which immediately arises is that what principles should be followed by the Courts in the matter of grant of an ad-interim











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