MANJU SHARMA Vs. DEVENDRA SINGH AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner against order dt. 17.09.2014 passed by Civil Judge (Junior Division) & Metropolitan Magistrate, East, Jaipur (for short 'the Trial Court') whereby the Trial Court refused to grant temporary injunction in the pending temporary injunction application of the petitioner on the ground that construction is almost complete and finishing work is to be done. Learned counsel for the petitioner has submitted that despite notice given to the respondents for illegal construction on 16.09.2014 and direction of the Respondent No. 5, Commissioner, Jaipur Development Authority for ceiling and seizure of the premise issued on 12.11.2014, no action has been taken by Jaipur Development Authority. Trial Court has also not appreciated the fact that after finishing work, the respondents may create third party interest by selling the flats and, therefore, they be restrained from creating third party interest by selling the flats to private parties.

(2.) SINCE the main suit and temporary injunction application are pending before the Trial Court, this Court does not deem it appropriate to dwell upon the merits of the case, except observing that the petitioner may approach the Trial Court which may consider to decide temporary injunction application or if possible, suit itself at the earliest keeping in view the fact that if eventually such construction is found to be illegal, third parties may not suffer.