BANS ROPAN Vs. IIIRD ADDL DISTT JUDGE GHAZIPUR
LAWS(ALL)-1992-1-12
HIGH COURT OF ALLAHABAD
Decided on January 06,1992

BANS ROPAN Appellant
VERSUS
IIIRD ADDL. DISTT. JUDGE, GHAZIPUR Respondents

JUDGEMENT

- (1.) Petitioners filed a suit for injunction restraining defendants-respondents from raising any construction over the disputed land and creating any obstruction in the flow of dirty water through the passage.
(2.) During pendency of the suit, they filed an application for interim injunction. The trial Court granted the injunction. Defendants filed an appeal. It was allowed.
(3.) The operative portion of the order of the appellate Court runs as follows : "The appeal is allowed and the impugned order passed by the Court below is set aside. The defendant-appellants are permitted to raise their constructions over the disputed land on furnishing adequate undertaking to the effect that the constructions to be raised by them in the disputed land shall be demolished if their claim finally fails." The order passed by the appellate Court is a just order. It protects the interest of both parties.;


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