High Court of Judicature at Allahabad
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Smt. Sushila Devi v. Vice Chairman, Kanpur Development Authority Kanpur & Others - WRIT - C No. 14005 of 2006  RD-AH 5641 (8 March 2006)
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed for restraining the respondents from making any kind of demolition and from dispossessing the petitioner from the premises in dispute and making further allotment in favour of any other person.
Shri Ramesh Upadhyaya, learned counsel appearing for the respondents has submitted that this Court should not grant any indulgence whatsoever, for the reason that in respect of the same property between the same party civil suit is pending, wherein, interim injunction has been granted, and not only that, the application filed by the petitioner under Order 39, Rule 2-A of the Code of Civil Procedure, for not complying with the interim injunction, had also been entertained and certain orders had been passed on the said application also.
In view of the preliminary submission made by Shri Upadhyaya, as the civil suit is pending in respect of the same subject matter between the same parties and interim relief has been granted to the petitioner, we do not see any justification to grant any indulgence whatsoever.
Petition is accordingly dismissed. However, it shall not adversely affect the case of either of the parties before the civil court.
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