Allahabad High Court High Court

Rajiv Sharma & Tohers vs Smt. Rajeshwari & Others on 14 June, 2010

Allahabad High Court
Rajiv Sharma & Tohers vs Smt. Rajeshwari & Others on 14 June, 2010
Court No. - 21

Case :- WRIT - C No. - 34708 of 2010

Petitioner :- Rajiv Sharma & Tohers
Respondent :- Smt. Rajeshwari & Others
Petitioner Counsel :- S.N. Pandey,A.K. Pandey

Hon'ble Sabhajeet Yadav,J.

Heard learned counsel for the petitioners.

The order which I proposed to pass I need not hear the opposite parties at this
stage.

It is stated that petitioners have instituted a suit for partition and permanent
injunction. In the said suit, an application for interim injunction has also been
moved by them but the defendants-respondents while avoiding the notice are
trying to dispossess the petitioners and have sold the property to other
proforma defendants and they are trying to dispossess the petitioners from
property in dispute.

In this view of the matter, till the disposal of application for ad-interim
injunction moved by plaintiffs, the respondents are restrained from
dispossessing the petitioner from the property in dispute.

I am of the considered opinion that the trial court shall proceed to decide the
said interim injunction moved by the petitioners expeditiously after hearing
the parties and pass appropriate order on the interim injunction of the
petitioners without being influenced by any observation made by this Court as
this Court has merely protected the interest of petitioners without examining
the correctness of contention raised by the petitioners.

With the aforsaid observations and directions, the writ petition stands
disposed of finally.

Dt/-14.6.2010
Pratima