Petitioner Plaintiff Respondents Defendents. •^ ^ •^ •^ ^•^" IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W?^ ^??^<o WritPetitior^227/2010 : LakhanlalYadav,aged42yrs.S/o Late Shri Horilal Yadav, R/o Sirgitti Tah.BilaspurC.G. \^s 1. Smt. Sushmibai aged 65 yrs. W/o Late Shri Hiralal Yadav. 2. ParmeshwarPrasadaged45yrs S/o Late Shri Hiralal 3. Permanand aged 37 yrs. S/o Late Shri Hiralal 4. Mangal Singh Chhabra age 70yrs S/o Dewansingh Chhabra 5. Narendra Singh age 30 yrs. S/o Mangal singh Chhabra. All R/o Sirgitti Tarbahar, Bilaspur 6. StateofChhattisgarh Through CollectorBilaspurCG. Writ Petition under Article 227 of Constitution oflndia. ^' "--^ . '.\ HtGH COURT OF CHHATTISGARH AT BILASPUR Slnote Bench: Hon'bte Shri Justice Prashant Kumar Mishra PETSTIONER RESPONDENTS Writ Petition (2271 No. 6877/2010 Lakhan (al Yadav Versus Smt Sushmibai and others. Shri Upendra Bharat. counset for the petifioner. Shri Suresh Pandey and Shri Sushii Hajari, counsel for respondente No.1,2and3. Shri Sanjeev Agrawal, Panel Lawyerforttie State/respondent No.6. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTtTUTION OF INDiA ORAL ORDER (13.12.2010) Dasti report has been liled. (2) Both ttie Courte below have djsmisse^l the pefitioner's/plaintiff's \ application under Order 39 Rute 1 & 2 of C.P.C. which w3s prefenred for seeking temporaiy injunction to r^frain the def^idant from atienating the suit Sand and house to any ottier pereon during pend^wy ofthe suit. (3) Leamed counsel for the respondent would submit that in view of concurrent ordere passed by the Courts beiow vw interference in this wit petstton te called for. (4) St is true that both the Courts betow have refiised to grant prayer for temporary injunction, however at the same time it is to be kept jn mind that if the property in dispute is disposed of and any ttiird party inter^t is created during pendency of the suit, (t shall create complicatjon and would unnecessarily pt'ofract the Htigation. v&'^. ^ (5) (n view of this matter, the instent petition is dtsposed of with a direction to the respondents^defendante to not to alienate the suit property during pendency of tt^e suit or to create any third party interest H<w^?er, it is also made dear that if for any compelling reason (t become necessary for defendants to alienate or to create any third partyinterest in the suit property, they shaH be at tiberty to move appropriate apptication before the fcial Court in ttiis regard. (6) tt is directed ttiat the triai Court shatl do well to make endeavour to disposQ ofthe sult as earty as posstble. (7) With the above observations, the instant writ petttlon stands disp<%ed of. Sd/- Prashant Kumar Mishra Judge \c^-