High Court Of ChhattisgarhWP227/583/2016disposed off

Rupam Burman v. Ramjeevan Rai

2016-12-06Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

W.P.(Art. 227)No.583/2016 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.583 of 2016 Rupan Burman, S/o Anil Burman, aged about 38 years, R/o P.V.-23, Tahsil Pakhanjur, District North Bastar Kanker (C.G.) (Plaintiff) ---- Petitioner

Versus

1. Ramjeevan Rai, S/o late Dukhiram Rai, aged about 40 years, R/o P.V.-23, Tahsil Pakhanjur, District North Bastar Kanker (C.G.)

2. Smt. Geeta Sharma, W/o late Sudhir Sharma, aged about 60 years, R/o P.V.-23, Tahsil Pakhanjur, District North Bastar Kanker (C.G.)

3. State of Chhattisgarh, through the Collector, District North Bastar Kanker (C.G.) (Defendants) ---- Respondents For Petitioner:

Mr. D.N. Prajapati, Advocate.

For Respondent No.1:

Mr. Parag Kotecha, Advocate.

For State/Respondent No.3: - Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/12/2016

1. Suit for declaration and permanent injunction was filed by the petitioner / plaintiff along with an application for grant of temporary injunction which the trial Court granted holding that the plaintiff has prima facie case in his favour, balance of convenience also lies in his favour and irreparable loss will be occurred if injunction is not granted. The order of granting temporary injunction was assailed in appeal filed by respondent No.1 / defendant No.1 which has been allowed and the order granting temporary injunction was set aside against which this writ petition has been filed by the plaintiff and which has

W.P.(Art. 227)No.583/2016 been entertained on 27-9-2016 and an interim order of maintaining status quo has also been granted which is continuing till this date.

2. Considering the fact that the suit was filed on 11-2-2015, there is no substantial progress in the trial and this petition is at the admission stage and is likely to take time for final disposal, it would be expedient to direct the trial Court to conclude the trial as early as possible preferably within a period of three months from today and till then the interim order granted by this Court on 27-9-2016 will remain in force i.e. only for three months. Ordered accordingly.

3. The trial Court is directed to conclude the trial strictly within the period indicated herein-above.

4. With the aforesaid observation and direction, the petition is disposed of. No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge Soma