Allahabad High Court High Court

Bhuim Prabandhak Samiti vs Iii Adj on 19 July, 2010

Allahabad High Court
Bhuim Prabandhak Samiti vs Iii Adj on 19 July, 2010
Court No. - 21

Case :- WRIT - C No. - 31073 of 1993

Petitioner :- Bhuim Prabandhak Samiti
Respondent :- Iii Adj
Petitioner Counsel :- R K Saxena
Respondent Counsel :- Sc

Hon'ble V.K. Shukla,J.

In the present case original suit No.267 of 1992 had been filed. In the
said suit application was also moved for grant of interim injunction.
Said injunction was not accorded by Munsif Magistrate, and against
the said order appeal was preferred under Order 43 Rule 1 (r) C.P.C.
Said appeal was also dismissed on 08.05.1993. At this juncture,
present writ petition was filed.

On presentation of writ petition, this Court on 08.08.1993 had directed
the matter to be listed on 15.09.1993. The fact of the matter is that
both the courts below had refused to accord interim injunction and this
Court at no point of time had passed any interim order. Since filing of
writ petition more than 17 years’ period has elapsed, and by now the
suit must have been decided, rendering the present writ petition as
infructuous.

Consequently, present writ petition is dismissed as infructuous.

Order Date :- 19.7.2010
SRY