LUCKNOW DEVELOPMENT AUTHORITY Vs. MAZHAR KHAN @ PAPPU AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 34442 of 2016, Judgment Date: Jan 02, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                         CIVIL APPEAL NO.25 OF 2017
         [ARISING FROM SPECIAL LEAVE PETITION (C) NO.34442 OF 2016]



LUCKNOW DEVELOPMENT AUTHORITY                                    APPELLANT(S)


                                VERSUS


MAZHAR KHAN @ PAPPU AND ORS.                                    RESPONDENT(S)



                               J U D G M E N T


KURIAN, J.

1.    Leave granted.
2.    In the nature of order we propose to pass in  this  case,  it  is  not
necessary to go into the various submissions made by the learned counsel  on
both the sides.
3.    The appellant is aggrieved by the interim order  passed  by  the  High
Court in a petition under Article 226 of the Constitution of  India  arising
out of an interlocutory order passed by the Trial  Court.   The  High  Court
took note of the fact that Regular Suit No.1563 of 2014 was  pending  before
the Civil Judge (Senior Division) Lucknow and the interlocutory  application
for temporary injunction in the  said  suit  for  permanent  injunction  had
already been fixed for 6.7.2016.   In  that  view  of  the  matter,  by  the
impugned  order  dated  15.06.2016,  the  High  Court  clarified  that   the
possession of the property, allegedly with the  respondents,  shall  not  be
disturbed.  There is a strong dispute now raised by the  appellant-Authority
that the respondents are not in possession but the possession has long  been
with the appellant-Authority.  Since, the civil suit itself is of  the  year
2014, we direct the Civil Judge (Senior Division),  Lucknow  to  dispose  of
the Regular Suit No.1563 of 2014 expeditiously and  at  any  rate  within  a
period of six months from today.
4.    We direct both the sides to cooperate with the disposal of  the  case,
as above.
5.    Till the suit is disposed of, status quo with regard to possession  of
the property in question  shall be maintained by the parties.
6.    Needless also to say that the said suit will be tried and disposed  of
uninfluenced by any of the observations contained in the impugned order.
7.     With  the  above  observations  and  directions,  the  appeal  stands
disposed of.
8.    Pending applications, if any, stand disposed of.
9.    There shall be no order as to costs.


                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]
      NEW DELHI;
      JANUARY 02, 2017.