RAJENDRA SINGH Vs. MATHURA VRINDAVAN

JUDGEMENT

(1.) This First Appeal From Order, under Order XLIII, Rule 1 of the Code of Civil Procedure, has arisen from the order dated 15.5.2012 passed by Civil Judge (SD) Mathura, in Original Suit No. 208 of 2011, Rajendra Singh and others v. Mathura Vrindaban Vikas Pradhikaran, whereby the Trial Court has declined to extend ad interim injunction order dated 29.3.2011 and rejected appellants application for extension of the said injunction order.

(2.) We have heard the submissions advanced by Sri P.K. Jain, learned Counsel for the petitioner and perused the record.

(3.) However, we are not satisfied with the submissions and in our view no interference is called for. It is not disputed by the appellants that the property in question do fall within the area of operation of the development authority. Neither in the plaint nor in the affidavit filed in support of the stay application here at, there is an averment/whisper that construction/development made by the plaintiffs was in accordance with law i.e., after obtaining the approval/sanction of map/plan by the Development Authority in accordance with the provisions of U.P. Urban Planning and Development Act, 1973. Moreover, the ex parte injunction order dated 29.3.2011 does show that on the basis of ownership, the Trial Court found prima facie case. With respect to other two conditions namely, balance of convenience or irreparable loss, there is no discussion at all.