IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 31 of 2010. Date of Decision: 31.3.2011. Laxmi Nand ..Petitioner. Versus Chandu Ram and others .. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No For the Petitioner(s): Mr.Bimal Gupta, Advocate For the Respondent(s): Mr.Ashok Sood, counsel for respondents 1 to 5. Deepak Gupta, J. (Oral). 1. This petition is directed against the order dated 19th January, 2010 passed by the learned Additional District Judge, Fast Track Court, Shimla whereby he confirmed the interim stay granted by the Civil Judge (Senior Division), Court No.3, Shimla. 2. Briefly stated, the facts of the case are that respondents 1 to 5 (hereinafter referred to as the plaintiffs) filed a suit against the petitioner and Proforma Respondents Govind and Prem claiming that they are co-owners in possession of the suit land. It was alleged that all the co-owners of suit land had permitted the State Government to construct a road through the suit property which consists of 85 bighas. The plaintiffs alleged that after the road - 2 - had been constructed the defendants started constructing a building adjacent to the road near the Bus Stand. They allege that this is the most valuable portion of the property and till the land is partitioned no co-owner should be permitted to raise any construction upon the suit property. 3. Both the Courts below have held in favour of the plaintiffs and allowed the application for grant of stay. The jurisdiction of this Court under Article 227 of the Constitution of India is very limited and only an error of jurisdiction can be corrected. Here both the Courts below have given a finding of fact on the basis of material on record that a prima facie case is made out in favour of the plaintiffs and in the interest of justice an interim order was passed in favour of the plaintiffs. Such order cannot be interfered with under Article 227 of the Constitution of India. 4. In view of the above discussion, the petition is rejected. However, keeping in view the fact that the suit was filed in the year 2009, the learned trial Court is directed to dispose of the same latest by 31st March, 2012. No costs. March 31, 2011. (Deepak Gupta), J. PV