j'^ 1 t;::l w ^. jilNt ^ Petitioner Plaintjff Respondent Defendant HIGH COURT OF CHHATTSSGARH AT BSfc.ASPUR Writ Petiti&n (Art.227) N0.2878 of2011 SmtJChhayarani W/o Durgashanker Roy, aged about 62 years, by caste Brahmin, R/o Nohaila Sattipara, Nagar and Tahsli Amblkapur, Dlstrtet Surguja (CG). Versus SmtLaxmi Soni W/o Ramprasad, by caste Sonar, age about 62 years, R/o Mohaila Sattipara, TahssS| and P,S, Amblkapur, District Surguja (CG) (Writ Petition under Articie 227 ofthe CoRStitution of EndJa) NrAwadh Tnpathi, counseiforthe potitjoner. Mr.'Vineet Pandey, counsel forthe fespondent (SB: Hon'bie Mr. T.P. Sharma,J.) ORDER(ORAL) (27-7-2011) 1. By this petition under Artide 227 of the Constitution of indla the petftionor has chaiienged the iegaiity and propriety of the order dated 18.5.2011 (Annexurs P/1) passed by the 2nd Additionai District Judge, Ambikapur (Surguja) in Misc.CivHAppsai No.5/2011,whersby appiication forex-parte injunction under Section 151 ofthe Code ofdvii Procedure has been cllsmissecE on the ground thaf without provlding opportunity of hearing to oppossfe party ox-parte -. injunction: cannot bo: grantod, especsaiiy<altor'dismissa! of reguSar appllcatlon for JRjunction by the Court beiow. 2. Vide order dated 30.6.2011 ordsr of status quo unti! furthsr orders has been passed by a co-ordmato Bonch of this Court In this case. 3. Considsring the order datsd 30.5.2011,the writ petition is dssposed of on the foilowingterms: (i) The Cpurt bslow^^ ^ (Surguja) shalS decide Misc.CiviS Appea! as earSy as pQSsibie preferably within 30 days from today without influsnced by order ofthJsCourt. Order passed by this Court dated 30.S.2011 sha'ii contlnue for 30 daysfromtoday. 4; •~^\. 4. Parties shail co-operate in hearing the appeai. Sn case of any unnecessary adjournment, the Court beiow may decide the appeai in the absence of opposite party. Parties are directed to appear before the 2 Addjtionai District Judge.Ambikapur (Surguja) on 8.8.2S11 for further progrsss of the case. No order as to costs. 5. Pendir.g appiications, if any, stand dispossd of. Sd/- T.P. Sharma Judge idLUr- w\^ ^