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Abdul Rahim & Anr. vs. Firm Khatri Marble Mines & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–In one hand, Trial Court granted the permission to present defendant to do mining activities in his mine no. 136/1, and on other hand vide order dated 04.04.2024, it held that unless boundaries are demarcated, it would not be just and proper to allow any licencee to do mining activities–Trial Court has passed the contradictory orders as well as passed ad interim order over the ad interim order passed by itself–Trial Court cannot stay the operation of ad interim order passed by it–Impugned order set aside and Trial Court is directed to decide both the applications finally.