B S TYAGI Vs. ADDL DISTRICT JUDGE U M C DEHRADUN
LAWS(ALL)-2008-5-47
HIGH COURT OF ALLAHABAD
Decided on May 07,2008

B S TYAGI Appellant
VERSUS
ADDL DISTRICT JUDGE U M C DEHRADUN Respondents

JUDGEMENT

- (1.) THIS writ petition is restored today vide separate order passed in MCC No. 351 of 2008.
(2.) WITH the consent of the learned counsel for the parties, this petition is being taken up today for consideration. In this petition filed under Arti cle 226 of the Constitution of India, the petitioner has prayed for setting aside of the orders dated 09-02-2000, 01-03-2000, and 03-04-2000 passed by Addi tional District Judge (U. M. C.), Dehradun. To clearly appreciate the issues involved for consideration and to under stand the complexity of the points which would fall for consideration and adjudi cation in the petition, it is desirable that some important and relevant facts and some salient features of the case are no ticed.
(3.) RESPONDENT no. 4 Raj Chopra purchased land measuring 24. 37 acres for Rs. 6,00,000/- on 27-04-1989. The petitioner herein filed Civil Suit No. 302 of 1989 against respondent no. 4 and others with respect to the aforesaid sale transaction on some grounds, which he thought were available to him in law. Because of the filing of the aforesaid Civil Suit by the petitioner and apprehending his own dispossession, etc. 01 the passing of any adverse order against him, respondent no. 4 filed Civil Suit No. 689 of 1989 against the petitioner pray ing for certain reliefs available to him under law. In both the aforesaid suits, both the plaintiffs filed Temporary Injunction Applications. The trial Court vide order dated 20-02-1990 disposed of the Tem porary Injunction Applications filed by, the plaintiffs in both the aforesaid suits, Whereas Temporary Injunction Applica tion filed by respondent no. 4 was al lowed in his suit, the Temporary Injunc tion Application filed by the petitioner in his suit was dismissed.;


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