MAHIPAL v. GREATOR NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY AND 6 OTHERS
A227/9423/2025 · 2025-08-21
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 86760 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86760 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144393 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9423 of 2025 Petitioner :- Mahipal Respondent :- Greator Noida Industrial Development Authority And 6 Others Counsel for Petitioner :- Amit Kumar,Neetu Singh Counsel for Respondent :- Anjali Upadhya Hon'ble Manish Kumar Nigam,J.
1. This petition has been filed challenging the order dated 11.07.2025 by which an application filed by the plaintiff in Original Suit No. 861 of 2024 under Section 151 of C.P.C. claiming injunction has been disposed of on the ground that since in application under Order XXXIX Rule 1 of C.P.C., notices have been issued therefore, no injunction can be granted without hearing the parties.
2. It has been submitted by counsel for the petitioner that respondents are bent upon to demolish the construction of the petitioner during the pendency of the suit.
3. Learned brief holder of Ms. Anjali Upadhya, counsel appearing for Greater NOIDA, submitted that the application for interim injunction is pending and no useful purpose would be served in keeping this petition pending.
4. Learned counsel for the petitioner further submitted that the respondent though has put in appearance before this Court but has not appeared in the aforementioned suit.
5. Since the respondent have appeared before this Court, it is expected that respondent-Greater NOIDA will also participate in the hearing of application of interim injunction by filing its objections within ten days from today. The petitioner will have one week's time, thereafter, to file counter objection to the objection, if any, filed by the respondent. The trial court is further directed to consider and decide the 6 C application within next twelve weeks after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
6. Till the disposal of interim injunction application, parties are
directed to maintain status quo.
7. It is made clear that petitioner will not linger on the proceedings by seeking undue adjournment in the matter and in case, the petitioner seeks unnecessary adjournment, the interim
order granted by this Court shall stand automatically vacated.
8. With these observations, the petition stands disposed of.
Order Date :- 22.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad