High Court Of ChhattisgarhWP227/147/2014disposed off

Jitendra Rao Deshmukh And ANR. v. Narendra Rao Girepunje

2018-10-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.147 of 2014 Jitendra Rao Deshmukh, S/o late Narhari Rao Deshmukh, aged about 45 years, R/o Lane by the side of Laxmi Sweets, Phul Chowk, Nayapara, Raipur, Civil And Revenue District Raipur (CG) ----Petitioner

Versus

Narendra Rao Girejpunje, S/o late Laxman Rao Girepunje, aged about 40 years, Through Power of Attorney (Special) Holder - Basant Rao Girepunje, R/o Mangal Bazar, Idgaah Bhatha, Thakur Pyarelal Ward No.60, Police Station Azad Chowk, Raipur, Civil and Revenue District Raipur (CG) ---- Respondent For Petitioner :

Mr.R.K.Pali, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/10/2018

1. Heard on admission.

2. This writ petition is directed against the Appellate Court order dated 17.1.2014 passed in Misc. Civil Appeal No.3/2013.

3. The trial Court granted temporary injunction in favour of the plaintiff directing stay of construction and for maintaining status-quo, which has been affirmed by the Additional District Judge in Misc. Appeal.

4. This Court by order dated 7.3.2014 held as under:- "Taking into consideration the submission made by learned counsel for the petitioners that the Appellate Court has modified the order of injunction passed by the trial Court, an appeal filed by the petitioners/defendants ignoring prima facie finding of the trial Court that the

petitioners are in possession, it is directed that till the next date of hearing, statusquo as exist today, shall be maintained by all the parties."

5. Since suit is pending from 12.9.2011, it would be expedient to direct the trial Court to conclude the trial within six months from the date of receipt of certified copy of this order and meanwhile, it would be expedient to continue the interim order passed by this Court on 7.3.2014 for a period of six months.

6. With the aforesaid observation, the writ petition finally stands disposed of. A copy of this order be sent to the trial Court. No cost(s). Sd/- (Sanjay K.Agrawal) Judge B/-