Indrajeet Juneja v. Smt. Saraswati Devi Sharma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (227) No. 702 of 2017 Indrajeet Juneja S/o Kishanlal Juneja, aged about 52 years, R/o Darogapara, Raigarh, Tahsil and District Raigarh (C.G.) ---- Petitioner

Versus

Smt. Saraswati Devi Sharma, Wd/o Mangeram Sharma, aged about 68 years, through General Power of Attorney holder Anand Kumar Sharma, S/o Mangeram Sharma, aged about 48 years, R/o Gandhiganj, Raigarh, Tahsil District Raigarh (C.G.) --- Respondent For Petitioner :

Mr. Arvind Shrivastava, Advocate.

For Respondent :

Mr. Vineet Kumar Pandey, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/12/18 1.

This writ petition under Article 227 has been filed by the petitioner/defendant questioning the order of the miscellaneous appellate Court whereby the miscellaneous appellate Court has granted temporary injunction in favour of the plaintiff. 2.

Learned counsel appearing for the petitioner submits that the impugned order is unsustainable and bad in law and is liable to be set aside.

3.

I have heard learned counsel for the petitioner and perused the impugned order.

4.

After hearing learned counsel for the petitioner, I deem it expedient to direct the trial Court to decide the suit which is pending since 20.03.2017 as it is stated at the bar that the case has reached the stage of plaintiff's evidence therefore the suit be decided within a

period of six months from the date of receipt of copy of this order. The trial Court is also directed to decide the suit without being prejudice to the order of the miscellaneous appellate Court dated 25.08.2017 as it was only for the purpose of deciding the application for grant of temporary injunction.

5.

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

6.

A copy of this order be sent to the trial Court directly as well as through the concerned District Judge for needful and compliance. SD/- (Sanjay K. Agrawal) Judge Priyanka