HM Journal

What was ordered by way of interim measure cannot be said to be final and conclusive between the parties

Fact:

An interim measure for market value of plot Rs.5900/- sq.mr was passed in favour of Noida by High Court in July,2014.

Thereafter, a lease deed dated October,2014 was executed stating market value of plot Rs.5900/- sq.mr by way of interim measure only. Present High Court allowed the appeal by 24 Oranges Lab LLP. Aggrieved by Noida. Hence this appeal.

Observation:

The High Court has not gone through the interim measure and hence this cannot be sustainable.

As the High Court has not at all considered the writ petition on merits, we remit the matter to the High Court for fresh consideration of the main writ petition on merits. Writ Petition (C) No.27632 of 2014 before the High Court is ordered to be restored to the file of the High Court which shall be disposed of by the High Court at the earliest and preferably within a period of six months from the date of the receipt of the present order.

Judgement:

Appeal is accordingly allowed.

Link to the Judgment –

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