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2018 DIGILAW 2143 (JHR)

Sadhu Rakshit v. Jagat Singh

2018-09-26

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - Parties have appeared. 2. The petitioners are aggrieved of order dated 30.07.2013 passed in Misc. Appeal No.39 of 2012 by which the order of dismissal of the application for injunction has been affirmed by the appellate court. 3. Briefly stated, Title Suit No.106 of 2008 was instituted for a decree for declaration of the plaintiffs'' permanent occupancy raiyati right over Schedule-B land and for decree for confirmation of their possession over the suit lands. In the pending suit an application under Order 39 Rule 1 and 2 CPC was filed by the plaintiffs which has been dismissed on the ground that if order of injunction against the defendants is not granted it would not cause irreparable loss to the plaintiffs. However, the trial Judge has come to a conclusion that the plaintiffs have been able to establish a prima-facie case and in view of the fact that they are in possession of the suit lands balance of convenience is also in their favour. This order has been affirmed by the appellate court, but reversing the findings recorded by the trial Judge on the balance of convenience. 4. The fact remains that both courts have concurrently found that the plaintiffs have established a prima-facie case in their favour. 5. The writ petition was filed on 05.09.2013 and by an order dated 13.08.2015 parties were directed to maintain status quo. It is stated that the suit is still pending for its final disposal. 6. The subject matter of Title Suit No.106 of 2008 is landed properties. In a suit involving immovable properties an order of status quo is the most appropriate order which can be passed on an application for injunction [refer "Girija Rai and Others. Vs. Guli Rai and Others." in W.P.(C) No.3690 of 2016]. 7. Accordingly, this writ petition stands disposed of with a direction to the parties to maintain status quo till disposal of Title Suit No.106 of 2008. The appellate order passed in Misc. Appeal No.39 of 2012 stands modified to the aforesaid extent. The trial Judge keeping in mind the mandate under Order 17 Rule 1(2) CPC shall endeavour to dispose of the suit within a period of six months. Parties shall not be granted adjournments but for just excuses and they are directed to cooperate for expeditious disposal of the suit.