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Judgment
Sanjay Dwivedi, J
Heard on the question of admission and interim relief.
Learned counsel for the petitioner submits that a civil suit has been filed challenging the action of the respondent/Municipal Corporation issuing notice under section 307 of the Municipal Corporation Act, 1956. He submits that civil suit is pending in which an application for grant of injunction was rejected by the trial court and appeal preferred against the said order and thereafter appeal was decided by the appellate court after 5 years and rejected the appeal and as such this petition has been filed.
He submits that civil suit is pending before the trial court in which respondent Corporation yet to file their written statement. He submits that when civil suit has been filed shop already been raised and without deciding the suit if dismantling is made, the very purpose of filing the civil suit would be frustrated and as such, he submits that it would be appropriate that respondent Corporation be restrained from dismantling the construction in question till decision of the civil suit and trial court can be directed to expedite the trial.
In view of the above, let notice be issued to the respondent on payment of process fee within seven working days by RAD mode, returnable within four weeks.
In the meantime, it is directed that no coercive action shall be taken against the impugned construction and no demolition shall be done by the respondent Corporation till the next date of hearing.
List this matter in the week commencing 04.12.2023.