Smt. Sarita Chaturvedi And Anr. vs Mayur Agarwal And Anr.
2014 Latest Caselaw 5301 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL No. - 474 of 2014
 

 
Appellant :- Smt. Sarita Chaturvedi And Anr.
 
Respondent :- Mayur Agarwal And Anr.
 
Counsel for Appellant :- Atul Yadav,Himanshu Mishra,Virender Singh,Zafar M. Naiyer
 
Counsel for Respondent :- Rajeev Chaddha
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Admit.

Issue notice. Respondent is represented by Sri Rajeev Chaddha, Advocate, who may file counter affidavit.

Learned counsel for the appellant placed reliance on the decision of the Apex Court in the case of Mool Chand Yadav Vs. Raza Buland Sugar Company Ltd, reported in LAWS (SC)-1982-10-15 and submitted that interim relief be granted restraining the respondent from creating third party interest in the property.

In the facts and circumstances, we are of the view that such decision is based on the facts of that case. Granting of interim relief is discretionary. On the facts and circumstances, we do not find any case for grant of interim relief. The application for interim relief is accordingly rejected.

Order Date :- 28.8.2014

OP