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2025 DAILYLAW 72966 (ALL)

NISHANT BHARDWAJ v. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

A227/6759/2025 · 2025-07-09

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:110259 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6759 of 2025 Petitioner :- Nishant Bhardwaj Respondent :- New Okhla Industrial Development Authority Counsel for Petitioner :- Raj Narayan Tiwari,Sr. Advocate Counsel for Respondent :- Kaushalendra Nath Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following reliefs: "(i) An order or direction in a suitable nature to direct the learned Civil Judge (Senior Division), District Gautam Budh to expeditiously decide the pending interim injunction application bearing paper no.6C filed in Original Suit No.817/2025, Nishant Bhardwaj Vs. New Okhla Industrial Development Authority, within stipulated time period as deem fit and proper by this Hon'ble Court. (ii) An order or direction in a suitable nature to restrain the defendant /respondent from making any interference over the peaceful use, occupation and possession of the petitioner over the suit property in question till the disposal of pending interim injunction application-6Ga2 dated 1.5.2025." 3. It has been contended by counsel for the petitioner that an application for temporary injunction under Order 39 Rule 1 of C.P.C. (6C Application) moved by the petitioner in Suit No. 817 of 2025 is pending consideration. It has been further submitted that there is imminent threat of dispossession of the petitioner. 4. Sri Kaushalendra Nath Singh, learned counsel for the respondents submitted that since application is pending before the trial court and the sole respondent has already appeared in the aforementioned suit, no useful purpose would be served in keeping this petition pending. 5. In view of the same, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division), District Gautam Budh to consider and decide the aforementioned interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of eights weeks 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 that there is no other legal impediment. 6. Till disposal of the injunction application, the petitioner shall not be evicted by the respondents, except in accordance with law. 7. It is further provided that petitioner will not seek any undue adjournment in the linger on the disposal of the application and in case, the petitioner seeks unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated Order Date :- 10.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad