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Allahabad High Court
Bindeshwar And Others vs Vth Additional District/Session … on 29 January, 2010
Court No. - 9

Case :- MISC. SINGLE No. - 1024 of 2001

Petitioner :- Bindeshwar And Others
Respondent :- Vth Additional District/Session Judge, Sultanpur And Others
Petitioner Counsel :- M.A. Siddiqui,R.U.Pandey
Respondent Counsel :- C.S.C.

Hon'ble Devendra Kumar Arora,J.

Sri P.L. Mishra, Advocate was appearing in this case on behalf of the opposite
party no.3. On his death, a Card Notice was issued by the office on
08.12.2009 but no one has appeared to represent the case on behalf of the
opposite party no.3.

Learned counsel for the petitioners presses urgency in the matter and says that
in pursuance to the order passed by the Revisional Court dated 14.12.2000 the
petitioners are apprehending for demolition of the disputed construction
though they have filed a Civil Suit No. 83 of 2002 for permanent injunction
and temporary injunction has already been granted.

The submission of the counsel for the petitioners is that inspite of the order of
Civil Court the Police Authorities are threatening for demolition of the
disputed contruction.

Since no one is appearing on behalf of the opposite party no.3, in the interest
of justice, it is directed that the petitioners will serve on the opposite party
no.3 through Dasti Summon and file affidavit of service. The petitioners will
also indicate the present status of the suit.

Office is directed to issue Dasti Summon to the counsel for the petitioners
within three days.

List on 08.02.2010.

Order Date :- 29.1.2010

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