PARAMOD KUMAR GARG Vs. WALIUDDIN
LAWS(ALL)-1994-2-119
HIGH COURT OF ALLAHABAD
Decided on February 16,1994

PARAMOD KUMAR GARG Appellant
VERSUS
Waliuddin Respondents

JUDGEMENT

A.U. Khan, J. - (1.) The facts as set forth are : Waliuddins institutes a declaratory lawsuit under Section 229-B, ZR and LR Act in the court of Assistant Collector First Class ; Muzaffarnagar, On 1-9-1992 the trial judge passes the following order : 'Heard. Till further orders plaintiff and defendants 3 to 5 will maintain status quo on the ground. They will not raise any construction over the land.' Aggrieved defendant Pramod Kumar Garg's revision in Commissioners. On 1-12-1993 Additional Commissioner enters an order of dismissal. So their revision.
(2.) Heard the counsel for the application revision on admission,
(3.) The impugned order says : ye be as you be ; continue to be in relation to land where you be. Indeed, it directs parties to continue becoming where they be ; and both to refrain from raising any construction. It is as much restraining Pramod Kumar Gargs as Waliuddin's. It is in a negative sense ; to do nothing ; no doing till the court further enjoins what to do. An example of even handed interim restraining. It is not an injunction which restrains only Pramod Kumar Gargs from doing anything they might be conceiving of. It has no potential to rattle. The order in content is interim : no revision.;


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