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Ram Sringar Pandey v. Adya Prasad & Others - WRIT - C No. 25589 of 2007 [2007] RD-AH 13674 (7 August 2007)


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Hon'ble Janardan Sahai, J.

       A suit for injunction was filed by the respondents. An application for temporary injunction was also filed by the plaintiff/respondents.

The trial court granted temporary injunction restraining the defendants petitioners from raising further constructions. An appeal against that order filed by the defendant/petitioner has been dismissed. The finding is that the parties are recorded as co-tenants over the disputed land. The case of the petitioners/defendants that the plaintiff/respondent had in private partition given his share to the defendant has not been believed prima facie. Learned counsel for the petitioner submitted that the constructions have already been raised by the petitioner and he seeks permission only to plaster the constructions. The finding recorded by the trial court is that the constructions appear to have been made after the suit. Both the courts below have allowed the application. No ground for interference under Article 226 of the Constitution of India has been made out. Dismissed.

      Counsel for both the parties agree that the suit itself may be disposed of expeditiously and the respective parties will not take any  unnecessary adjournments. In the facts and circumstances the trial court is directed shall try to dispose of the suit expeditiously if possible within a period of one year.      




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