- (1.) HEARD Sri Ramendra Pratap Singh, learned Counsel for review - applicant/Appellant and Sri G.N. Verma, senior advocate assisted by Sri Amit Verma, learned Counsel for Respondent.
(2.) THIS is an application for review/recall of order dated 10.8.2010. Plaintiff - Respondent Smt. Rajo Devi filed Original Suit No. 7 of 1991 Smt. Rajo Devi v. Noida for permanent injunction, which was decreed by V Additional Civil Judge, Ghaziabad vide judgment and order dated 7.7.1993. The said judgment and decree was challenged by NOIDA before this Court by means of First Appeal No. 599 of 1993. Appeal was allowed vide judgment and order dated 5.1.2010 by a Division Bench of this Court consisting of Hon'ble Prakash Chandra Verma, J and Hon'ble Ram Autar Singh, J. The Bench found that the possession of the land in question was taken by NOIDA after payment of compensation to the Plaintiff - Respondent under the award and the matter of enhancement of compensation was pending and, therefore, there was no justification for grant of interim injunction or to protect the possession of the Plaintiff - Respondent. The Appeal was allowed and the judgment and decree passed by the trial Court was set -aside. In the meantime, Plaintiff - Respondent Smt. Rajo Devi also filed a Writ Petition No. 36296 of 2009, which was dismissed with costs quantified at Rs. 25,000/ -by another Bench of this Court but the amount of cost was subsequently reduced by the said Bench vide order dated 11.11.2009 to Rs. 10,000/ -. Civil Misc. Correction/Review/Recall Application No. 28210 of 2010 was filed on behalf of Plaintiff - Respondent Smt. Rajo Devi, which was disposed of vide order dated 10.8.2010 the following order was passed: Heard learned Counsel for the parties. Review application is allowed only to the extent that the cost imposed Rs. 10,000/ -is deleted and Respondents shall not be evicted except in accordance with law.
(3.) AGAINST the said order dated 10.8.2010, the instant Review Application has been filed by NOIDA.;