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2014 Supreme(All) 2048

DEVENDRA KUMAR UPADHYAYA
Ramhit @ Hittu – Appellant
Versus
Addl. District Judge Room No. 3 Ambedkar Nagar – Respondent


Advocates Appeared:
For the Petitioner:Indra Mani Pandey, Satya Prakash Mishra, Advocates
For the Respondent:Manish Kumar, S.P. Mishra, Advocates

JUDGMENT :

Devendra Kumar Upadhyaya, J.

Heard Shri I.M. Pandey, learned counsel for the petitioner and Shri S.P. Mishra, learned counsel appearing for respondents no.2 to 7.

2. A short counter affidavit has been filed on behalf of respondents no.2 to 7, the same is taken on record.

3. The petitioner instituted a suit for permanent injunction in the year 2006 which was dismissed by the learned trial court by means of the judgment dated 28.03.2011. Challenging the said judgment dated 28.03.2011, passed by the learned trial court, a Regular Civil Appeal has been preferred by the petitioner plaintiff which is pending before the learned appellate court. During the pendency of the appeal, two applications were moved by the petitioner; (1) application dated 23.04.2014 praying therein that the plaintiff intends to file certain additional evidence in the form of certain documents which may be taken on record and (2) an application praying therein that the appellant-plaintiff be permitted to cross-examine the defendant. Both the applications have been rejected by the learned appellate court by means of the impugned order dated 24.04.2014. It is this order dated 24.04.2014, passed by the learned


























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