MORADABAD DEVELOPMENT AUTHORITY Vs. SAI SIDHI DEVELOPERS

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the present petition is being decided finally at the admission stage, itself. No counter and rejoinder affidavits are required as admitted by them. Heard learned counsel for the parties and perused the record.

(2.) The present petition is directed against an order dated 28.8.2018 whereby the trial court has granted an interim order in favour of the plaintiff, pending disposal of application 6Ga, with the observation that for decision on 6Ga application (temporary injunction matter), spot-inspection report of the site in question is needed. Thus, while issuing direction to the plaintiff to take steps (do pairvi) for getting an Amin report, interim protection has been granted restraining the defendants from interfering or doing any illegal activities in relation to the suit property, which would run contrary to the interest of the plaintiff.

(3.) It has also been observed by the trial court that in case of any delay on the part of the defendants in complying with the directions of the trial court i.e. in doing pairvi or disposal of temporary injunction application, it would be open for it to reconsider the interim injunction granted in favour of the plaintiff. Further, 20.9.2018 was the date fixed for disposal of the temporary injunction application and filing of the written statement.