Madhya Pradesh High Court
Rajesh Kumar Mishr vs Smt Rajwati Devi on 11 April, 2017
WP-3151-2012
(RAJESH KUMAR MISHR Vs SMT RAJWATI DEVI)
11-04-2017
Mr. A.K. Jain, learned counsel for the petitioner.
Heard.
The petitioner has filed the present petition under Article 227 of
the Constitution of India challenging the order dated 07.02.2012
passed by IVth Additional District Judge, Rewa in M.A.
No.37/2009.
The petitioner has filed a civil suit for permanent injunction along
with an application for temporary injunction restraining the
respondents from causing any disturbance in the possession of
agricultural field of the petitioner. The trial Court vide order dated 10.09.2009 has allowed the application preferred by the petitioner under Order 39 Rule 1 and 2 of the Code of Civil Procedure, thereby granting an injunction in favour of the petitioner. The respondents have preferred Miscellaneous Appeal No.37/2009 before the 4 th Additional District Judge, Rewa. Learned Judge vide order dated 07.02.2012 has allowed the appeal preferred by the respondents and has set aside the order passed by the trial Court. Being aggrieved by the aforesaid order, the petitioner has filed the present petition. I have heard learned counsel for the petitioner and perused the record. It appears that his Court has issued notices to the respondents on 27.02.2012 and passed the order of status-quo in favour of the petitioner. The interim order passed by this Court is still continued. In view of aforesaid fact, I deem it appropriate to dispose of the writ petition without entering into the merits of the case with a direction to the trial Court to decide the suit as expeditiously as possible preferably within a period of 6 months from the date of production of this Order and till the decision of the said civil suit, the interim order dated 27.02.2012 shall remain continue.
Accordingly, the petition stands disposed of. Certified copy as per rules.
(MISS VANDANA KASREKAR) JUDGE RC