Gultaz Ali v. Anwar Ali

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 38 of 2019 Gultaz Ali, aged about 36 years, S/o Sarvar Ali, By Caste Musalman, R/o Janakpur Ward, Kanker, Distt. U.B. Kanker (C.G.) ----Petitioner/Non applicant

Versus

1. Anwar Ali, aged about 48 years, S/o Sayed Ahmed Ali, Director Royal Travels, Naya Bus Stand Pandri, Distt. Raipur (C.G.)

2. Chief Municipal Officer, Nagar Palika Parishad Kanker, Distt. U.B. Kanker (C.G.) ---- Respondent/defendant For Petitioner : Shri Parag Kotecha, Advocate. For Respondent No. 1 : Shri Ajay Pal Singh & Shri Vipin Tiwari, Advocate. For Respondent No. 2 : Shri Satish Gupta, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/02/2019 1.

In a suit filed by the petitioner/plaintiff, he also filed an application for temporary injunction under Order 39 Rules 1 & 2 of the CPC, in which the trial Court has granted temporary injunction in favour of the plaintiff, which was reversed by the misc. appellate Court, against which instant writ petition has been preferred. 2.

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

3.

This Court while entertaining the writ petition granted following interim order :- "In the meanwhile, the petitioner will not be dispossessed from the suit premises"

4.

Since the suit is pending consideration since 18.05.2017 and there is no substantial progress in the trial, the trial Court is directed to conclude the trial of the suit

expeditiously preferably within a period of four weeks from the date of receipt of certified copy of this order.

5.

Meanwhile, interim relief granted on 17.01.2019 shall remain in operation. 6.

With the aforesaid observations, the writ petition stands finally disposed of. 7.

Copy of this order be sent to the trial Court through E-mail / Fax for compliance and needful.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-