HfGH CGURT OF CHHATTI$GH AT BILA$PUR (Hon. Mr. Justice Pritinker Diwaker} WRET Pi—iTiTiCN £227) No. 4&58 of 2008 PE?ET§GNER§ 1. Panchu Ram. Slo. Bihari Lohar, aged Defendan$s about 75 years, 2. mrita, Wib. Panchu Ram Lehar, agea? ,ahout 63 years, Both Rm. Behind Ma§1iia Hospikal, Darripara Nagar, Ambikapur, Distt. Sargu;a, {QGJ VER$US RESPONDENTS 1. Ambika Prasad. Slo. Panch Ram Piaimiff Vishwakarma, aged about 45 years, R10. Barripara, Ambikapur, Distt. Sargu}a (6.6.) 2. Jai! Prakash Vishwakarma, S!o. Panchu Ram Lohar, aged about 28 years, Rio. Behind Mahi!a Hospital, Darripara Nagar, Ambikapur, Distt. Sarguja (C.G.) 3. 5mm bf Chhai‘tisgarh, Through : The Conector, Sarguja, Ambikapur, (C.G.) §efendants Mr. $hmwan Agrawgé counse! for the petitionersf defendants. i’v’ir. MK. Pmdey couns&i for respondents Na. 1 and 2. Mr. Vaibhav Gaverdhan PL for respondent w03f5tare. WRIT PE’HTIQN UNDER ARTICLE 227 GF THE CONETH’UTION OF IND!A. 0 R D E R ((l8.€§4.2§09) Chaiienge m this petiticn is to ihe oréer dated 16.11.2U07 (Annexure P4) passed by Additionai District Judge, Ambikapur Disirict i Sarguja m Misc. Appea§ No. 1312007 whereby Iearned appeilate Couri M5 aliawed the appeai filed by the respondenb’piaintiff and granted temporary ,‘mjuncrien in his favour reversing rhe order of the triai Couri. Whiie i graniirig temporary injunction it was directed that the parties shaii maintain F l 1 status quo in respect of the suit property and nc ihird party interest shall be created. 2. This Court is of the considered View that the order daied 16.11.2007 which is undet’ chaHenge in this writ petition cannot be interfered with at this belated stage because the protection has been granted to the parties and multiplicity of the proceedings should be aveizted by the Court below. While passing the order impugned, the Court below has aiso considered the basic principie at Order 39 Rule ‘i and 2 of the Code of Civil Procedure and therefore, the order impugned being tustifreci cannot loe interfered with. \ 3. Counsei for the petitioners is even not awere as to whether written statement has been tiled by the petitioners/defendants or not. Be that as it may, jurisdiction under Article 227 of the Constitution of India cannot be extended in such a case. 4. Accordingiy, the petition being devoid of substance is liable to be dismissed and it is hereby dismissed. lt is informed that the suit is pending since 13.4.2006. ln the interest of justice the Court below is directed to dispose of the suit expeditiousiy preferably within a period of six months from the date of receipt of copy of this order. Due co—operation from the parties is expected for early disposal of the suit. Sdl— yritinker Diwakef Judge