HJGH COURT OF CHHATTiSGH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) WRiT PETITION (227) No. 2737 of2008 Piaintlff Vinita Madan, D/o Late Shri S.C. Madan, aged about 30 years, R/o Korinbhata, Rajnandgaon, Chhattisgarh RESPQNDENTS VERSUS 1. The Municipal Corporation, Defendants ' Rajnandgaon, Through the Comimjssjoner, Municipaj Corporation, Rajnandgaon, Chhaftisgarh 2. Krishna SViudaiiar, Dlo Late Shri V. T. Pandurang ^ydaliar, Prop. MJs VJ.P. Constructln, R/o Kusum JhaSak, Ward No.8, Rajnandgaon, Chhattlsgarh ' IVSr. B.D. Quru, counsei for the petitsoner. Mr. Anand Shykla; counsel for respondent NoJ, lvlr. Pankaj Agrawai, counsel for respondent No.2. WRff-PgTITJQN UNDERARTiCLE 227 OF THE CONSTITUTION OF INDIA ORDE^ • . (OS.04.20Q9) The petitloner has questioned the order impugned dated 27.02.2006 (Annexure-P-1) passed by Third Clvii Judge, Class-il, Rajnandgaon in Civii Suit No. 47-A/2006, whsreby the iearned Court below has refused to grant injunction in favour of the petitioner to the effect that the petitioner may not be dispossessed from the shop In question. 2) This Court whjle issuing notices to the respondents on 07.01.2009 has granted jnterim relief in favour of the petitioner to the extent thaf status quo in respect ofsult shop be majntalned. 3) I have heard learned counsel for the parties and perused the niaterial available on record. -1- 4) AdmEtSedly, the ingredients of Order 39 Ruie 1 and 2 are In favour of the petitloner as the petitioner is in possession of the suit shop since long. He has already deposited more than Rs.2,36,000/- and if at this stage he is dlspossessed, irreparabie loss shall be caused to him. 5) In view of the facts and circumstances of the case, the petitlon is disposed of with a direction to the trial Court to decide the suit itseif as eariy as possibie preferably within a period offour months from the date of receipt of the copy of this order, !t- would be the duty of the petitioner to inform the Court below about this order under acknowiedgment. The petltloner Is further directed to co-operate the court and shaii not seek adjournment unnecessariiy. Ef any of the parties has not fiSed its written statement, the same be fiied at the eariiest. Sd/- Pritinker Diwaker Judge ^