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High Court Of ChhattisgarhWP227/46/2018disposed off

Dr. Anand Verma v. Raj Kumar Tiwari

2018-12-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (227) No. 46 of 2018

1. Dr. Anand Verma S/o Late Shri M.C. Verma, aged about 56 years, R/o Juni Line, Police Station City Kotwali, Tahsil and District Bilaspur (C.G.)

2. Dr. Anil Verma, S/o Late Shri M.C. Verma, aged about 53 years, R/o Juni Line, Police Station City Kotwali, Tahsil and District Bilaspur (C.G.)

3. Smt. Meena Khare, D/o Late Shri M.C. Verma, aged about 58 years, R/o Juni Line, Police Station City Kotwali, Tahsil and District Bilaspur (C.G.) ---- Petitioners/Plaintiffs

Versus

1. Raj Kumar Tiwari, S/o Nand Kumar, R/o Ashtabhuji Bhawan, Rajendra Nagar, Tahsil and District Bilaspur (C.G.)

2. State of Chhattisgarh, through Collector, Bilaspur (C.G.) --- Respondents 4.

For Petitioners :

Mr. Ashish Shrivastava, Advocate.

For Respondent :

Mr. Manish Nigam, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/12/18 1.

In a suit filed by the plaintiffs for declaration of title and permanent injunction, the plaintiffs have also filed an application for grant of temporary injunction which has been rejected by the trial Court and upheld by the first appellate Court finding no prima-facie case in favour of the plaintiffs against which this writ petition has been preferred.

2.

Learned counsel appearing for the petitioners/plaintiffs would submit that the impugned order is unsustainable and bad in law as the

plaintiffs would suffer irreparable loss if temporary injunction is not granted in their favour and therefore, the impugned order be set aside. 3.

Per contra, learned counsel for the respondent would support the order impugned.

4.

I have heard learned counsel for the parties at length and perused the impugned order with utmost circumspection. 5.

Considering the facts of the case and also that suit is pending consideration since 19.05.2017 and issues are yet to be framed, I deem it expedient to direct the trial Court to conclude the trial within a period of four months from the date of receipt of copy of this order. 6.

A copy of this order be sent to the trial Court directly as well as through the concerned District Judge by email and Fax for needful and compliance.

7.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

sd/- (Sanjay K. Agrawal) Judge Priyanka