PUSHPA BUILDERS LIMITED Vs. STATE OF U.P.

JUDGEMENT

(1.) Above two appeals have been filed under section 96 of C.P.C. against the judgment and decree dated 19.10.2004 and 1.11.2004 respectively passed by learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad in (Pushpa Builders Limited v. State U.P. and another) Original Suit No. 857 of 1991, whereby learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad has decreed the aforesaid suit of plaintiff Pushpa Builders regarding plots No. 268/3, 277/1, 268, 277, minjumla 274, 275, 283, 284, 285, 276 and 283 and has granted prohibitory injunction against defendants to the effect that if the plaintiff-appellant obtains no objection certificate from competent authority of P.A.C. regarding the security of armoury and jawans and makes constructions within the limits of said plots the defendants shall not cause any obstruction or hindrance and shall not take possession of the said plots unlawfully. Being aggrieved by the judgment and decree passed by learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad the plaintiff Pushpa Builders has filed above Appeal (Pushpa Builders Limited v. State of U.P. and another) Appeal No. 451 of 2013 and has prayed to issue absolute prohibitory injunction removing condition of no objection of competent authority of P.A.C.

(2.) The above Appeal (State of U.P. and other v. Pushpa Builders Limited) Appeal No. 246 of 2009 has been filed by the defendants-State of U.P. and the Commandant 41, Battalion, P.A.C., Ghaziabad with prayer to set aside the judgment and decree passed by learned Additional Civil Judge (Senior Division), Court No. 1, Ghaziabad and to dismiss the suit.

(3.) Shri K.R. Sirohi, Senior Counsel assisted by learned Counsel Shri Uma Nath Pandey appeared for plaintiff. Shri S.K. Mehrotra and Shri R.K. Chaube appeared for the defendants.