High Court dismissed a writ petition challenging an injunction order granted in a civil suit regarding disputed boundaries. The Court held that since the demarcation order passed by the Sub Divisional Officer was not stayed, the injunction was legally valid.
The writ petition was dismissed.
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Court No. - 43
Case :- MATTERS UNDER ARTICLE 227 No. - 7491 of 2019
Petitioner :- Chamela Devi Respondent :- Pradeep Kumar
Counsel for Petitioner :- Yogendra Nath Ram,Hari Om Sharan Tiwari Counsel for Respondent :- Shachi Srivastava,Chetan Prakash
Hon'ble Vivek Agarwal,J.
authority. It is submitted that during the pendency of the appeal against demarcation, no interim injunction could have been issued in favour of the plaintiff and against the defendants.
2 issues framed by the court
Whether the First Appellate Court committed any illegality or irregularity in granting an injunction favoring the plaintiff over the defendant under Order XXXIX, Rules 1 and 2 CPC.
Whether an order of injunction can be issued during the pendency of an appeal against the order of demarcation when the demarcation order remains un-stayed.
Chamela Devi
Pradeep Kumar
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
