Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4153 of 2018 Petitioner :- Smt. Raj Kumari Respondent :- Kanpur Development Authority Counsel for Petitioner :- Deepanshu Shrivastava,Vinod Kumar Srivastava Counsel for Respondent :- Pradeep Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Shashi Shekhar Mishra, learned counsel appearing for the respondent - Development Authority.
Present petition has been filed for setting aside the order dated 12.4.2018 passed by A.C.M.M. IXth, Kanpur Nagar in O.S. No. 977 of 2017, Smt. Raj Kumari Versus Kanpur Development Authority, Kanpur Nagar as well as order dated 19.4.2018 passed by the Additional District Judge, Kanpur Nagar in Misc. Appeal No. 26 of 2018, Smt. Raj Kumari Versus Kanpur Development Authoroity, Kanpur Nagar with a further prayer to direct the respondent to maintain status quo over the property in question being Flat No. 348 (Upper Floor Sujatganj Scheme-2, Kanpur Nagar.
By the order dated 12.4.2018 the interim injunction application was rejected by the court below.
Admittedly, the miscellaneous appeal filed by the petitioner is pending and the same was registered on 19.4.2018 and 18.5.2018 was fixed for hearing. Submission is that till disposal of the appeal, an interim injunction be granted by this Court.
Per-contra, learned counsel appearing for the respondent - Development Authority submits that the appeal is pending and there is no reason to grant interim injunction as 30.5.2018 was fixed but the petitioner deliberately did not appear before the court below.
In such view of the matter, without going into the merits of the case, I do not find any good ground to entertain the present petition. The petitioner may press his stay application before the appellate court on the next date.
With the observation, this writ petition stands dismissed. No order as to costs.
Order Date :- 31.5.2018 p.s.