RAM UDIT AND ANOTHER Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2018-2-433
HIGH COURT OF ALLAHABAD
Decided on February 20,2018

Ram Udit And Another Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioners - Ram Udit and his wife Neeta Devi praying for a writ in the nature of certiorari for quashing of the order dated 19.2.2008 passed by the Civil Judge (Junior Division), East, Allahabad in Civil Suit No. 314 of 2008 (Ram Udit Vs. Ram Jiyawan) and praying for an interim injunction order to be passed against the defendant respondents restraining them for making interference in peaceful possession of the land in dispute which is Gata No. 164M area 0.057 hectares of village Belaha Kalan and with a further prayer that no construction be raised thereon and for a mandamus to be issued to the Civil Judge (Junior Division), East, Allahabad to consider and dispose of the temporary injunction application no. 6-C within a period of three months and till then the respondents may restrain from changing the nature of land in dispute.
(2.) This Court had passed an interim order at the time of admission of the writ petition while issuing notices to the respondent nos. 2, 3 & 4 that until further orders of the Court, the respondents are restrained from dispossessing the petitioner from the property in dispute and from raising any construction over the property in dispute.
(3.) In compliance of the orders passed by this Court, no steps were taken by the learned counsel for the petitioner to serve notice upon the opposite party and the office has made a noting to this effect in its report dated 20.5.2009. The private respondent nos. 2, 3 & 4 got knowledge of the interim order sometime in the year 2013 from the State respondents and they filed their counter affidavit along with stay vacation application in January 2016 after serving the same upon the counsel for the petitioner.;


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