Court No. - 37
Case :- WRIT - C No. - 20542 of 2019 Petitioner :- M/S Hayat Developers And Another Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Kumar Anish Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Shri Kumar Anish, learned counsel for the petitioners and learned standing counsel for the State of U.P.
This writ petition has been filed for issue of interim mandamus directing the respondent nos. 2 & 3 not to interfere in the work of construction as well as the construction work of the protection of percolating rain water during the pendency of the writ petition.
The dispute between the parties was related to Municipal No. 4/250 situated at Bhamaula Mafi, Pargana & Tehsil - Koal, District - Aligarh. The petitioners claimed to be assignees of M/s Almighty Developers (respondent no. 9) through development agreement dated 15.11.2017. Ms. Fatima Imran (the respondent no. 3) has filed a suit for specific performance of a registered contract dated 17.04.2012 allegedly executed by respondent nos. 4 to 6 in her favour. This suit was registered as Original Suit No. 1003 of 2015. The Civil Judge (Senior Division)/Judge, Small Causes Court, Aligarh, by order dated 29.05.2019, granted interim injunction directing the parties to maintain status quo of the property in dispute till 11.07.2019.
The order dated 29.05.2019 was challenged by M/s Almighty Developers (the respondent no. 9) and others in First Appeal from Order (Defective) No. 720 of 2019, which was disposed of by this Court by order dated 10.06.2019 directing the parties to file their objections before the court below and the court concerned was directed to decide the matter on the next date fixed in the suit, i.e., 11.07.2019.
The petitioners are representatives of the respondent no. 9 and therefore, the order dated 10.06.2019 is binding upon the petitioners and fresh writ petition for the same relief is not maintainable.
The writ petition is, accordingly, disposed of.
However, it shall be open for the petitioners to appear before the court below and contest the matter.
Order Date :- 24.6.2019 Amit Mishra