Allahabad High Court
Smt Archana Tyagi And 4 Others vs Yaduraj Narain on 13 May, 2022
Author: Ajai Tyagi
Bench: Kaushal Jayendra Thaker, Ajai Tyagi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1082 of 2022 Appellant :- Smt Archana Tyagi And 4 Others Respondent :- Yaduraj Narain Counsel for Appellant :- Shiv Sagar Singh,Sr. Advocate Counsel for Respondent :- Ajay Kumar Singh,Ashish Kumar Singh Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Ajai Tyagi,J.
Heard Mr. Shashi Nandan, Senior Advocate assisted by Mr. Shiv Sagar Singh, learned counsel for the appellants and Mr. Naveen Sinha, Senior Advocate assisted by Mr. Ashish Kumar Singh, learned counsel for the respondent.
It is submitted by Mr. Naveen Sinha, Senior Advocate that pursuant to the orders of learned trial court there was no interim order in favour of the appellants herein. The respondent has started construction but his learned counsel has instructions to convey that the parties would still go on with the ADR mechanism. It is further submitted that the respondent will file an undertaking before the trial court that respondent would not construct above the plinth level during the pendency of the litigation on all the disputed property.
This proposal is accepted by the appellants who has conveyed through Mr. Shashi Nandan, Senior Advocate that they accept this proposal but at the same time, if the ADR mechanism fails on or before August, 2022, the suit to proceed and the parties would not seek unnecessary adjournments. The suit being Original Suit No.1510 of 2021 (Smt. Archana Tyagi and Others VS. Yaduraj) be heard and decided as expeditiously as possible not later than one year from today.
However, if there is any urgency or the court cannot take up the matter due to any other reason, the parties would apply for injunction before the Court below.
With the aforesaid observations, the appeal stands disposed of.
Order Date :- 13.5.2022 P.S.Parihar