HARI KANT JOSHI Vs. DISTRICT JUDGE
LAWS(UTN)-2001-5-28
HIGH COURT OF UTTARAKHAND
Decided on May 04,2001

HARI KANT JOSHI Appellant
VERSUS
DISTRICT JUDGE Respondents

JUDGEMENT

- (1.)Sri Kedar Singh Rawat has accepted notice on behalf of respondent No. 2, who filed suit for permanent injunction against the petitioner. The District Judge, while passing the impugned order dated 19.4.2001, provided that till the disposal of the objection to be filed by the defendant, the defendants are restrained from dispossessing the plaintiff from over the disputed land and making any interference in construction made by the plaintiff in anyway.
(2.)The learned counsel for the petitioner submits that the objection has been filed, but the same is not being disposed of and the respondents are making construction, in case they complete the constructions, the defendants would be put to an irreparable loss. therefore, keeping the balance of convenience between the parties, it is expedient that the order dated 19.4.2001 should be stayed till the disposal of the objection filed by the petitioner/defendant. The date fixed for the disposal of the objection of the defendant/petitioner was 3.5.2001 but the same was not disposed of.
(3.)Considering the facts and circumstances of the case, it is provided that the District Judge shall dispose of the objections of the petitioner/defendant within a period of ten days, from the date of production of a certified copy of this order.
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