Neutral Citation No. - 2025:AHC:141122 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9220 of 2025 Petitioner :- M/S Atharv Infrastructure Respondent :- New Okhla Industrial Development Authority Counsel for Petitioner :- Anil Kumar Mehrotra,Ashwani Kumar Patel Counsel for Respondent :- Kaushalendra Nath Singh Hon'ble Manish Kumar Nigam,J. 1. Heard Shri Anil Kumar Mehrotra, learned counsel for the petitioner and Shri Kaushalendra Nath Singh, learned counsel for the respondent. Perused the record. 2. This petition has been filed seeking 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 read with Section 151 of the Code of Civil Procedure, 1908 in 'Civil Suit No. 906 Of 2024; M/s Atharv Infrastructure Vs. NOIDA' on the next date fixed in the said Suit, i.e., on 29.09.2025 itself as well as for restraining the Defendant/Respondent herein from interfering with the peaceful possession of the Plaintiff/Petitioner upon the part of Plot No. 322M, situated at: Village Saurakha, Jahidabad, NOIDA, District: Gautam Budh Nagar, i.e., upon an Area of 2987 Sq. Meters of the said Plot No. 322M, till the passing of the order upon the Application No. 6C2 filed in the said Suit on merits as well as for setting aside the Order dated 04.08.2025 passed by the learned Civil Judge Senior Division Gautam Budh Nagar upon the Application No. 32GA2 dated 04.08.2025, under Section 151 of Code of Civil Procedure filed by the Plaintiff/ Petitioner, 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. Admittedly, an application for temporary injunction dated 30.5.2024 under Order 39 Rule 1 and 2 CPC is pending in civil suit No.906 of 2024. The defendants - NOIDA Authority has appeared in the suit and has filed objections as well as written statement. 4. It has been submitted by learned counsel for the petitioner that despite an application is pending for more than one year, the same has not been decided. During pendency of the application, when the NOIDA Authority starting interfering with the possession of plaintiff, an application was moved by the petitioner on 4.8.2025 under Section 151 CPC for restraining the NOIDA Authority not to interfere with the possession of petitioner. The said application was rejected by the Civil Judge (Senior Division), Gautam Buddh Nagar by order dated 4.8.2025. It has also been submitted by learned counsel for the petitioner that 5.8.2025 was the last date fixed in the matter and on that date, the matter has been adjourned to 29.9.2025. It has been further submitted that on 5.8.2025 i.e. on the date fixed, repeated mentions were made by learned counsel for the petitioner for disposal of the application but the Court below has erroneously fixed the next date i.e. 29.9.2025. 5. Shri Kaushalendra Nath Singh, learned counsel for the respondent - NOIDA Authority has submitted that petitioner has no prima facie case or balance of convenience in his favour. 6. Be as it may, since the application for interim injunction is pending, the same has to be decided with all expedition. Further, petitioner has moved an application under Section 151 CPC as there was an eminent threat of being dispossessed by the NOIDA Authority to the petitioner and the said application has been rejected by the order dated 4.8.2025 on the ground that without issuing notices, no injunction can be granted. 7. Learned counsel for the petitioner submitted that earlier the judgment was reserved in the matter of temporary injunction by the Presiding Officer on 29.10.2024 but no order was delivered and the matter was posted for rehearing time and again. 8. Be as it may, since the matter is pending before the Trial Court and both the parties have appeared, I direct the Civil Judge (Senior Division), Gautam Buddh Nagar to decide the application for interim injunction with utmost expedition. 9. Both the parties agreed that they will appear before the Trial Court on 25.8.2025 and the Court below shall make every endeavour to decide the application for interim injunction on the said date and if for some unavoidable circumstances it is not possible to decide the interim injunction application on the date fixed i.e. 25.8.2025, the same shall be considered and decided within next week. 10. Till disposal of the interim injunction application, parties are directed to maintain status quo. 11. It is made clear that this Court has not examined the matter on merits and the Trial Court shall decide the application for interim injunction strictly, in accordance with law, after hearing all the concerned parties. It is further provided that petitioner shall co-operate in disposal of the application and will not take any undue adjournment and in case, petitioner sought undue adjournment to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. 12. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 19.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad