JAGDHARI Vs. VTH ADDL DISTT JUDGE AZAMGARH AND ANOTHER
LAWS(ALL)-1992-3-19
HIGH COURT OF ALLAHABAD
Decided on March 31,1992

JAGDHARI Appellant
VERSUS
VTH ADDL.DISTT.JUDGE, AZAMGARH Respondents

JUDGEMENT

- (1.) The petitioners filed a suit for permanent injunction against the respondents for restraining them from interferring with their possession over the plot in dispute. A temporary injunction application was also filed, and an injunction was granted by the order dt. 4-9-90. Subsequently the suit was dismissed for default on 8-1-91. Thereafter a restoration application was filed, and subsequently an order dt. 15-2-91 (Annexure IV) was passed by the trial Court declining to grant temporary injunction. Against the order dt. 15-2-91 the petitioners filed an appeal which was dismissed by respondent No. 1 holding that since the suit had been dismissed for default on 8-1 -91, no temporary injunction could be granted unless the suit is restored.
(2.) The restoration application filed by the petitioners was also dismissed for default on 2-4-91 and thereafter an application was moved to recall the order dt. 2-4-91, which is still pending.
(3.) By means of this writ petition, the petitioners have challenged the orders dt. 15-2-91 and 13-12-91 (Annexures IV and V).;


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