Neutral Citation No. - 2025:AHC:113322 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7035 of 2025 Petitioner :- M/S Atharv Infrastructure Respondent :- Smt Parveshvari Alias Parmeshwari And Another Counsel for Petitioner :- Anil Kumar Mehrotra,Ashwani Kumar Patel Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "It is, therefore, Most Respectfully prayed that this Hon'ble Court be pleased to allow the instant petition and be further pleased to issue the necessary direction to the learned Civil Judge (Senior Division), Gautam Budh Nagar for deciding the Application No. 6C2 dated 30.05.2024 filed by the Plaintiff/Petitioner under Order 39 Rule 1 and 2 readwith Section 151 of the Code of Civil Procedure, 1908 in 'Civil Suit No. 908 Of 2024;M/s Atharv Infrastructure Vs. Smt. Parveshvari alias Parmeshwari And Another' on the next date fixed in the said Suit, i.e., on 05.08.2025 itself as well as for restraining the Defendants/Respondents herein from disposing-off or creating third party interest upon part of Plot No. 770M, situated at: Village Saurakha Jahidabad, NOIDA, District: Gautam Budh Nagar, i.e., upon an Area of: 1496.12 Sq. Meters of the said Plot No. 770M, which is being used as 'RASTA /ROAD' by the Plaintiff/Petitioner herein as well as by other occupants of the land of the said Plot No. 770M, (purchased by the said occupants) till the passing of the order upon the Application No. 6C2 filed in the said Suit on merits, as otherwise, the Plaintiff/Petitioner would suffer irreparable loss and injury, and / or be further pleased to pass such other and further order / orders as this Hon'ble Court may deem fit and proper in the circumstances of the case in the interest of Justice." 3. Contention of learned counsel for the petitioner is that a suit for permanent interim injunction was filed by the plaintiff/petitioner against the defendants/respondents for restraining them from executing the sale deeds of the remaining land which is identified as a Rasta. The ex-parte interim injunction was not granted by the trial court and the notices were issued. The defendants/respondents are avoiding services and do not appear before the court despite publication being made under the orders of the court. It has been further contended by learned counsel for the petitioner that the defendants/respondents are going to execute the sale deed for the remaining land which is a Rasta and is used by the plot owners. In paragraph 22 of the writ petition, it has been stated that on 3.7.2025, defendants/respondents came to the site with other individuals and showed them the land, which is used as a Rasta, with the intention of selling it. Thereafter, the plaintiff/petitioner has moved an application under Section 151 C.P.C. for preponement of the date already fixed for disposal of the injunction application before the trial court on 7.7.2025. On the said application again notice has been issued instead of preponement of the date fixed. 4. Since, the application for interim injunction is pending, it would be appropriate that a direction be issued to the trial court i.e. civil Judge (S.D.), Gautam Buddha Nagar to consider and decide the application for interim injunction if possible on the date fixed. If, due to unavoidable circumstances, the trial court is unable to decide the application for interim injunction, the same shall be decided within the next two weeks thereafter. 5. Till disposal of the interim injunction application, the defendants/respondents are restrained from alienating the property in dispute. 6. However, it is made clear that the petitioner will cooperate in early disposal of the interim injunction application and will not seek any adjournment and in case, unnecessary adjournments are sought by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. 7. With these observations, the writ petition is disposed of. Order Date :- 15.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad