Jharkhand High Court
Kedar Nath Barnwal & Ors vs Lakhan Lal Barnwal & Ors on 21 September, 2010
Author: R. K. Merathia
Bench: R. K. Merathia
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 3779 of 2010
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Kedar Nath Barnwal and others ... Petitioners
Versus
Lakhan Lal Barnwal and others ... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioners : M/s. R.S. Mazumdar & Rohit Roy
For the Respondents :
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2. 21.09.2010: This writ petition has been preferred against the order dated 26.6.2010 passed by learned Additional District Judge, F.T.C. No. II, Giridih in Misc. Appeal No. 13 of 2009, affirming the order dated 13.4.2009 passed by the learned Munsif, Giridih in Title Suit No. 265 of 2008 directing the parties to maintain status quo till disposal of the suit.
It is submitted by learned counsel for the petitioner that petitioner has not made any encroachment over the suit land/ Gali/ Road, namely, Panch Mandir Gali and therefore he cannot be stopped from making construction on his own land in terms of order of status quo. He further submitted that the Pleader Commissioner's report does not throw light on the real dispute between the parties i.e. whether the petitioner has encroached on the suit land or not.
It appears that the learned court below has passed the orders impugned after hearing the parties, and considering their cases and the materials brought by them on the record.
In the circumstances, I am not inclined to interfere with the impugned orders, in exercise of power conferred under Article 227 of the Constitution of India.
However, the parties are directed to cooperate in early disposal of the suit and the trial court will also try to dispose of the suit expeditiously.
It goes without saying that the petitioner will be at liberty to pray before the learned court below for appointment of survey knowing Pleader Commissioner to report whether the petitioner has encroached on the suit land or not.
With these observations and direction, this writ petition stands disposed of.
(R. K. Merathia, J.) MK