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High Court Of ChhattisgarhWP227/265/2020disposed off

Ravi Gupta, v. Ramkrishna Manohar Ayyar,

2020-03-06Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 265 of 2020

1. Ravi Gupta S/o Shri Ramesh Gupta, Aged About 39 Years, R/o - 37/247, Behind Jainam, Malviya Road, Raipur, Police Station Kotwali, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Prashant Gupta S/o Shri Ramesh Gupta, Aged About 34 Years R/o - 37 / 247, Behind Jainam, Malviya Road, Raipur, Police Station Kotwali, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioners/Non-applicant No.1 and 2

Versus

1. Ramkrishna Manohar Ayyar, S/o Shri Vainkteshwar Ramakrishna, Aged About 65 Years, R/o 472, Priyadarshani Nagar, Raipur, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh - Applicant

2. Commissioner, Municipal Corporation, Raipur, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh - Non-applicant No.3

3. Zone Commissioner / In Charge Officer, Municipal Corporation, Zone No. 4, Raipur, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh - Non-applicant No.4 ---- Respondents For Petitioners - Shri Vivek Kumar Agrawal, Advocate. For Respondents 2 and 3 - Shri Sudeep Agrawal, Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-03-2020 1.

This petition is directed against the impugned order dated 05-01-2019 passed in Misc. Civil Suit No.198/2018 allowing the application filed by the respondent No.1 and granting temporary injunction in favour of respondent No.1.

2.

At the outset, learned counsel for the petitioners submits that this case may be disposed off with a direction to learned Court below to expedite the trial and conclude the same within a timeframe for the reason, that on going construction of the petitioners side has been restrained by the impugned order because of which the petitioners are suffering huge loss. Hence, direction may be issued.

3.

Respondent No.1 is not represented.

4.

Respondents No.2 and 3 have been represented and they have no

-2objection.

5.

After considering the submission so made, this petition is disposed off. The trial Court is directed to expedite the trial in this case and conclude the same preferably within a period of six months from the date this order is communicated.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil