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Jayendra Pratap Singh & Anr. vs Civil Judge (S.D.) Bahraich & Ors.

High Court Of Judicature at Allahabad|29 August, 2019

JUDGMENT / ORDER

(Oral) Heard learned counsel for the petitioners.
This petition has been filed praying for a direction to be issued to respondent no.1 to consider and dispose of the application for temporary injunction filed by the petitioners along with Regular Suit No.36 of 2019.
It has been submitted that the suit was filed by the petitioners against one Gopal Haveliya and others praying for permanent injunction against such private defendants on the basis of title to the property in dispute. However, notices were issued and objections were called for on the said application by the trial court and since then, the matter is pending while in the meantime, private defendants are proceeding to sell off the property in question.
Without entering into the merits of the controversy, this writ petition is disposed of with a direction to respondent no.1 to give one last opportunity to the defendants to file their objections to the temporary injunction application within a period of four weeks from today and in case of filing of such objections or even in the absence thereof, the application for temporary injunction shall be considered on its merit by the trial court and appropriate orders be passed thereon within a period of one month thereafter.
It goes without saying that in case the defendants continue to sell the property in dispute, no right would be created in favour of the subsequent purchaser and it shall be subject to further orders passed by the competent civil court.
Order Date :- 29.8.2019 Sachin
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Title

Jayendra Pratap Singh & Anr. vs Civil Judge (S.D.) Bahraich & Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 August, 2019
Judges
  • Sangeeta Chandra