High Court of Judicature at Allahabad
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Satyendra Singh Chauhan And Another v. Nagar Nigam Aligarh Thru' Nagar Ayukta And Others - WRIT - C No. 45640 of 2005  RD-AH 1528 (16 June 2005)
Hon'ble Vikram Nath J
The petitioner is aggrieved by the order of Civil Judge(Senior Division), Aligarh dated 10.06.2005 declining to grant permission to institute suit during summer vacations for permanent injunction against the Nagar Nigam from demolishing dispute constructions.
The learned counsel for the petitioner contended that in case interim protection is not provided respondent may forcibly evict the petitioner and the constructions may be demolished during summer vacation causing irreparable loss to the petitioner.
Without going in to the merits of the order impugned in the present writ petition, I feel it would be appropriate that the petitioner may institute the suit on reopening day i.e. 01.07.2005 and till then 01.07.2005 Nagar Nigam, Aligarh is restrained from demolishing construction of the petitioner and dispossessing him from the property in dispute.
It is made clear that the Trial Court will proceed to decide the interim injunction application uninfluenced by the protection, provided by this Court which has been made only to meet out the immediate exigency and as this Court has not examined the matter on merits.
With the aforesaid observations the writ petition is finally disposed of.
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