DEVENDRA SHANKAR CHAUDHARY Vs. VARUN KUMAR CHAUDHARY

JUDGEMENT

(1.) By an order dated 31.3.1995, an Injunction was granted restraining the revisionist from prosecuting the proceeding in Case No. T.249/29.10.1993 under Section 34 of the U. P. Act No. 3 of 1991 pending in the Court of Tehslldar, Chandausi and in mutation Case No. 291/1.1.1994 pending in the Court of Naib-Tehslldar. Chandausi till the disposal of the suit pending in the Court of learned Civil Judge. Moradabad in Suit No. 115 of 1994 filed under Section 278 of the Indian Succession Act. This appeal has been preferred against the said order.

(2.) The appeal was admitted on 29.8.1995 and an interim order was also passed to the extent that the appellant shall not take advantage of the order dated 31.3.1995 and prosecute the cases mentioned hereinabove pending in the Court of Tehsildar, Chandausi. Thus, the fact remains that the injunction was virtually stayed.

(3.) Be that as it may, though the appeal was admitted but the records have not been called for by the Court. Chapter XII, Rule 1 of the Allahabad High Court Rules, provides that in an appeal from order or a revision directed against an interlocutory order, the record shall not be summoned unless the Court directs otherwise.