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Mukandi Singh v. Shoran Singh & Others - WRIT - C No. 33072 of 2003 [2005] RD-AH 7432 (13 December 2005)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 33072 of 2003

Mukandi Singh          vs.              Shoran Singh & others

Hon'ble Vineet Saran, J

Original suit no. 69 of 2002 had been filed by the plaintiff-petitioner against the respondents with a prayer for grant of permanent injunction. An application for temporary injunction was filed, which was rejected on 18.10.2002. Challenging the said order, the petitioner filed an appeal, which has also been dismissed on 15.7.2003. Aggrieved by the aforesaid orders the petitioner has filed this writ petition.

It has been submitted that during the pendency of the appeal an order directing the parties to maintain status quo had been granted. Even in this writ petition, at the initial stage the parties were directed to maintain status quo.

I have heard Sri B.Dayal, learned counsel for the petitioner as well as Sri Mithlesh Kumar Tiwari, learned counsel for the respondents. Counter and rejoinder affidavits have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.

The learned counsel for the parties agree that the order of status quo to be maintained by the parties, has been continuing since the filing of the suit. In my view, in case if the defendants are permitted to change the nature of the property or raise constructions thereon, the entire purpose of the suit would be defeated. Accordingly, with consent of the learned counsel for the parties, this writ petition is finally disposed of with the direction that the suit itself may be decided by the trial court expeditiously, preferably within a period of one year from the date of filing of a certified copy of this order before the trial court. It is provided that the trial court shall not grant any unnecessary adjournment to either of the parties. It is further directed that till the disposal of the suit, the parties shall maintain status quo over the plot in dispute.

With the aforesaid direction this writ petition is disposed of. No order as to cost.




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