High Court of Judicature at Allahabad
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Ram Nath And Another v. Lalji And Others - WRIT - C No. 29990 of 2007  RD-AH 11518 (9 July 2007)
Hon'ble Janardan Sahai, J
According to the plaintiffs-petitioners the disputed land is a rasta. The plaintiffs' application for temporary injunction was rejected by the trial court and appeal against that order has been dismissed by the appellate court. The finding prima facie recorded is that the plaintiffs were unable to establish that the disputed land is their rasta. The appellate court rather prima facie found that the defendant's house has fallen down and the plaintiff want to take advantage of the open land left as a result of the house falling down. It has also been found that the plaintiffs have another rasta. The findings recorded by the both courts below are prima facie finding of fact and they do not suffer from any error which may call for interference.
Counsel for the petitioners then prayed that the suit is an old one of the year 2001 and the same may be directed to be disposed of expeditiously and within a time bound period.
In the facts and circumstances , the trial court is directed to dispose of the suit preferably within a period of one year from the date a certified copy of this order is filed before it.
With the aforesaid direction, this writ petition is dismissed.
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