In Original Suit No.1432 of 2001 petitioners were not arrayed as a party. However, subsequently they were impleaded and thereafter on an interim injunction application of the plaintiffs an interim injunction has been granted. One of the defendants to the suit have applied for vacating the interim injunction vide application dated 5.12.01. The petitioners submit that they are supporting the aforesaid application but the said application is not being decided.
In view of above, the prayer made in this writ petition for a direction to decide above stay vacation application or the injunction matter finally.
In view of the aforesaid facts and circumstances, the petitioners are permitted to move an independent application for vacating the above interim order and in case such an application is moved, the court below shall proceed to decide independently or along with stay vacation application of the Kanpur Development Authority in accordance with law as expeditiously as possible preferably within a period of three months. However, this will not impede the right of the K.D.A. in getting its application decided independently at an earlier date.
Petition disposed of accordingly.
Order Date :- 11.10.2010 piyush