Smt. Sandhya Mishra v. Holy Heart Education Academy

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 218 of 2017 Smt. Sandhya Mishra W/o Shri Vidhan Mishra, Aged About 58 Years R/o Fingeshwar House, Near Holihart School, Civil Lines, Raipur, District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. Holy Heart Education Academy Registered Office, Fingeshwar House, Civil Lines, Raipur (Chhattisgarh), Through Director Shri Surendra Pratap Singh S/o Late Shivpujan Singh, R/o Holy Heart Education Premises, Fingeshwar Bada, Civil Lines, Raipur (Chhattisgarh)............(Plaintiff)

2. Mahendra Bahadur Singh S/o Late Lal Bahadur Singh, Aged About 83 Years R/o Fingeshwar, District Gariyaband (Chhattisgarh).............(Defendant No. 2) --- Respondents For petitioner :

Mr.T.K.Jha, Advocate For Respondent No.1 :

Mr.S.S.Rajput, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/04/2017

1. In a suit filed by respondent No.1 herein/plaintiff for declaration of title and permanent injunction, the trial Court rejected the temporary injunction finding no prima-facie case, no balance of convenience in favour of the plaintiff and in case, temporary injunction is not granted, no irreparable loss will be caused. The Appellate Court has reversed the same finding prima-facie case and balance of convenience in favour of respondent No.1/plaintiff and in case, temporary injunction is not granted, the plaintiff will suffer irreparable loss, against which, this writ petition under Article 227 of the Constitution of India has been filed.

2. After hearing learned counsel appearing for the parties and taking into consideration the fact that suit is pending since 9.5.2012, I deem it appropriate to direct the trial Court to conclude the trial within a period of four months from the date of production of copy of this order on behalf of the petitioner.

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

Sd/- (Sanjay K. Agrawal) JUDGE B/-