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High Court Of ChhattisgarhWP227/37/2017dismissed

N. R. K Pillai v. Shri Mai Danteshwari Temple Estate

2017-05-01Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W rit P etition ( 227 ) No.

of 201 N.R.K. Pillai, S/o Late K.K. Nair, age about 75 years, R/o Rest House Road, Dantewada, District South Bastar (C.G.) ---- Petitioner

Versus

1. Shri Mai Danteshwari Temple, Estate, Dantewada, District - South Bastar, Dantewada (C.G.)

2. President, Shri Mai Danteshwari Temple Estate, Dantewada, District South Bastar, Dantewada (C.G.)

3. Administrator, Shri Mai Danteshwari Temple Estate, Dantewada, District South Bihar, Dantewada (C.G.)

4. State of Chhatisgarh, through the Collector- Dantewada, District South Bastar, Dantewada (C.G.) ---- Respondents For Petitioner :

Mr. Vishnu Kosta, Advocate.

For Respondents :

Mr. H.B. Agrawal, Senior Advocate with Mrs. Preeti Yadav, Advocate.

For State : Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 5 /201 Heard.

(1) The plaintiff/petitioner filed a suit for confirmation of possession, permanent injunction and declaration of cancellation of lease order 9.5.2006 along with application under Order 39 Rules 1 & 2 of the CPC for grant of temporary injunction.

(2) The trial Court, by order dated 24th June, 2013, rejected the plaintiff's application filed under Order 39 Rules 1 & 2 of the CPC for grant of temporary injunction. The plaintiff preferred Misc. Civil Appeal there-against,

which was also dismissed by the first appellate Court by affirming the order of trial Court, against which, instant writ petition has been filed questioning the same.

(3) Learned counsel for the parties jointly submit that since the suit was instituted way back on 29.05.2006 , therefore, it would be expedient to direct the trial Court to decide the suit expeditiously. (4) Prayer appears to be fair & reasonable.

(5) Accordingly, the trial Court is directed to hear and decide the suit filed by the plaintiff within a period of six months from the date of production of certified copy of this order in accordance with law. (6) With the aforesaid observations, the writ petition stands finally disposed of.

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