M/S Jai Iron And Steel And ORS. v. Kamal Narayan Rungta And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MA No. 14 of 2012

1. M/s Jai Iron & Steel Co. Devada, Tehsil & District Rajnandgaon (C.G.) Through Partner Shri Bajrang Lal, S/o Shri Reechpal Rungta.

2. Shri Bajrang Lal, S/o Shri Reechpal Rungta, Aged About 75 years, R/o Ganjpara, Durg, Tehsil And Distt. Durg (C.G)

3. Shri Yogendra Kumar, S/o Bajrang Lal Rungta, Aged About 55 years, R/o Ganjpara, Durg, Tehsil And Distt. Durg (C.G)

4. Shri Surendra Kumar, S/o Shri Bajrang Lal Rungta, Aged About 52 years, R/o Ganjpara, Durg, Tehsil And Distt. Durg (C.G)

5. Shri Surendra Kumar, S/o Shri Bajrang Lal Rungta, Aged About 52 years, R/o Ganjpara, Durg, Tehsil And Distt. Durg (C.G) (The correct name of the Appellant No.5 is Narendra Kumar) ---- Appellants

Versus

1. Kamal Narayan Rungta, Aged About 63 years, S/o Late Gajadhar Prasad, R/o Ganjpara, Durg, Tehsil & District Durg (C.G.)

2. State of Chhattisgarh, Through The Collector, Rajnandgaon (C.G.)

3. The Land Acquisition Officer & Sub Divisional Officer, Rajnandgaon (C.G.)

4. Union of India Through The Secretary, Bhootal Parivahan Mantralay, Government of India, New Delhi.

---- Respondents For Appellants :

Shri Sumesh Bajaj, Advocate.

For Respondent No.1 :

Shri Rahul Tamaskar, Advocate.

For Respondent Nos.2&3 :

Shri U.N.S. Deo, Government Advocate.

Hon'ble Thottathil B. Radhakrishnan, Chief Justice Order on Board 29.06.2018 1.

This is an appeal against an order passed on an application for temporary injunction pending a civil suit. Some of the Defendants are the Appellants.

2.

The order under challenge is one by which the Court below directed maintenance of status quo in relation to disbursement of compensation amount. That order continues to hold the field from the date of its issuance. No interlocutory order was granted in this appeal in favour of the Appellants. This appeal has been pending here for the last more than nearly six years. In the fitness of things, it is only proper to sustain the present state of affairs till the final disposal of the suit, if the suit has not already been disposed of. If the suit is still pending, the Trial Court will expedite final adjudication and decide it on merits within a period of six months.

This time frame is fixed taking into consideration that it appears that some of the parties are no more and their legal representatives have already been brought on record before the Court below. Until the disposal of the suit, the Court below will continue with the interim order, which it had already issued and which is subject matter of this appeal. It is further clarified that the Court below will decide the suit untrammelled by anything stated in the order impugned in this appeal as well as this order.

Sd/- (Thottathil B. Radhakrishnan) Chief Justice Brijmohan