Allahabad High Court High Court

Bhagwan Singh Sisodiya vs Shri Krishak Junior High School … on 21 July, 2010

Allahabad High Court
Bhagwan Singh Sisodiya vs Shri Krishak Junior High School … on 21 July, 2010
Court No. - 4

Case :- WRIT - C No. - 42430 of 2010

Petitioner :- Bhagwan Singh Sisodiya
Respondent :- Shri Krishak Junior High School And Others
Petitioner Counsel :- Som Veer
Respondent Counsel :- Rahul Sahai

Hon'ble Krishna Murari,J.

By means of this petition the petitioner has challenged the order
passed on the temporary injunction application restraining the
defendant/petitioner from interfering in the functioning of the
plaintiff/respondent as Manager of the institution.

In writ petition no.11239 of 2010, filed by the petitioner, there is a
stay order dated 26.2.2010 in favour of the present petitioner on
the strength of which he is continuing to function as Manager of
the institution. Apparently there is a conflict.

Sri A.K.Misra appearing for the respondents has submitted that the
order dated 26.2.2010 was passed on the presumption that an
application for temporary injunction was rejected whereas it was
only dismissed in default which was subsequently restored.

Be that as it may. The adjudication in this case requires
interpretation/modification of the order dated 26.2.2010 passed in
Writ Petition No.11239 of 2010 by Hon’ble Dilip Gupta, J. and it
would be proper that this petition be placed before His Lordship
along with record of Writ Petition No.11239 of 2010.

Accordingly, the office is directed to place this case as a fresh, if
possible on Friday, dated 30.7.2010, along with record of Writ
Petition No.11239 of 2010 before Hon. Dilip Gupta, J., after
obtaining nomination from Hon’ble the Chief Justice.

Order Date :- 21.7.2010
AKJ