MAHENDRA KUMAR SHARMA v. SRI NARAIN SHAH AND 2 OTHERS
A227/12950/2025 · 2025-10-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 171859 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171859 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12950 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed challenging the order dated 26.09.2025 by which an interim injunction has been granted by the appellate court after admitting the appeal.
2. The suit for injunction instituted by the plaintiff-petitioner has been
decreed on 14.07.2025 by which the defendant-respondents were directed to remove the disputed constructions within three months and further a direction was given to Awas Vikas Khand to remove constructions by demolishing the same.
3. Since the appeal has been admitted, no illegality has been committed by the court below in granting interim protection to the defendants- appellants, especially, keeping in view the judgment passed by the Hon'ble Supreme Court in Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 as well as
judgment of this Court in case of Maheshwar Pratap Shahi Vs. State of U.P. and 5 Others in Writ B No. 412 of 2020 dated 13.02.2020.
4. As all the parties are represented before the appellate court, it is expected that the appeal itself shall be considered and decided expeditiously preferably, within a period of one year from the date of production of a certified copy of this order, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Versus Counsel for Petitioner(s) : Kunwar Abhishek Singh, Suresh Pratap Singh Counsel for Respondent(s) : Ashwani Kumar Mishra, Vineet Pandey Mahendra Kumar Sharma .....Petitioner(s) Sri Narain Shah And 2 Others .....Respondent(s)
5. Accordingly, the petition stands disposed of. October 29, 2025 Nitika Sri. A227 No. 12950 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad