Madhya Pradesh High Court
Shahid Mohd. Kabadi vs Manager Vipnan Sahakari Sanstha ... on 22 April, 2016
W.P. No.2723/2016 (Shahid Mohd. Kabadi Vs. Manager, Vipnan Sahakari Sanstha Maryadit) 22/4/16 Shri D.D.Bansal, Advocate for the petitioner. Heard on admission.
This petition, under Article 227 of the Constitution of India, is filed taking exception to the order of appellate court dated 21.01.2016 whereby order dated 31/8/15 passed by the trial Court in Civil Suit No.93A/14 rejecting plaintiff-petitioner's application under Order 39 Rule 1 & 2 CPC, has been affirmed.
Learned counsel for the petitioner, after arguing for a while, submits that he shall not insist for admission and interim relief, and this Court may direct the trial court to decide the suit at an early date, as pleadings are complete and petitioner's right of livelihood is at stake as the shop on the suit land constructed by the petitioner on a place rented out to him as tenant has been forcibly dismantled and he has been rendered without means of livelihood.
Without commenting upon the submissions so advanced, it is considered apposite to dispose of this petition with liberty to the petitioner to apply for early disposal of the suit along with certified copy of this order. The trial court, in turn, shall be well advised to decide the suit expeditiously as petitioner is now without means of livelihood, preferably within six months from the date of submission of certified copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Petition disposed of, accordingly.
(Rohit Arya) Judge (and)