Madhya Pradesh High Court
Pawan Kumar Gupta vs Chandra Bhan Mishra on 28 August, 2017
WP-5279-2017
(PAWAN KUMAR GUPTA Vs CHANDRA BHAN MISHRA)
28-08-2017
Shri L.M. Tripathi, learned counsel for the petitioner.
Shri Arvind Kumar Shrivastava , learned counsel for the
respondents.
Learned counsel appearing on behalf of both the parties are heard at length.
This petition under Article 227 of the Constitution of India has been filed arising out of a subsequent order passed by the lower appellate court allowing the appeal filed by the respondents setting aside the order of the trial court granting injunction in favour of the petitioner.
It is seen from the record that earlier also the trial court granted injunction which was set aside by the lower appellate court remitting back the matter to the trial court to decide the application afresh, however, the trial court again granted injunction which is set aside by the lower appellate court by the order impugned wherein the stay has been granted by this Court on 28.4.2017 directing both the parties to maintain status quo with respect to the suit property i.e. Plot No. B-65/C-21 situated at Cooperative Housing Society, Khasra No. 265, Patwari Halka No. 48, Mouza Badanpur, Tehsil and District Jabalpur.
It is apparent that the suit is pending since 2010 and the parties are litigating on the point of injunction and adjudication of the suit is still pending since last about seven years.
In this view of the matter, it is directed that the trial court shall decide the suit as early as possible, not later than 31st August, 2018. Till then, as directed by this Court on 28.4.2017, status quo in the same terms shall be maintained by both the parties.
With the aforesaid, this petition stands disposed of.
(J.K. MAHESHWARI) JUDGE rsshukla