Court No. - 4 Case :- WRIT - C No. - 5173 of 2010 Petitioner :- Yatindra Nath Respondent :- State Of U.P. & Others Petitioner Counsel :- Vishnu Gupta,R.O.V.S. Chauhan Respondent Counsel :- C.S.C.,Sahab Tiwari Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner and Sri Saurabh Tewai,
holding brief of Sri Sahab Singh appearing for respondent no. 3
and learned Standing Counsel for respondents no. 1 and 2.
Sri Vishnu Gupta, learned counsel for the petitioner, at the outset,
states that he is not pressing relief no. (i) and is confining only for
relief no. (ii). Thus, the main relief claimed in this petition is to
direct the trial court to decide the application filed by the plaintiff-
petitioner seeking temporary injunction.
It is contended that suit was filed in 2007 and when the defendants
proceeded to forcibly recover the amount from the plaintiff-
petitioner, another application duly supported by affidavit was
filed to restrain them from making any recovery.
Considering the facts and circumstances, this writ petition stands
finally disposed of with direction to the Civil Judge (Senior
Division), Auraiya to decide application for temporary injunction
moved by the plaintiff-petitioner in accordance with law after
notice and opportunity of hearing to all concern within a period of
one month from the date of production of a certified copy of this
order before him.
Order Date :- 4.2.2010
Dcs