IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No.37 of 2009. Decided on: March 5, 2010 Sureshta Devi ….. Petitioner. Versus Raj Kumari …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice For the petitioner : Mr. Tarlok Chauhan, Advocate. For the Respondents: Mr. Vikrant Thakur, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Civil Suit No. 139 of 2008 on the file of Civil Judge (Senior Division), Hamirpur is instituted under Section 38 and 39 of the Specific Relief Act, 1963. There was an application for temporary injunction, which was dismissed. The matter was taken up in appeal. The order passed by the trial Court was set aside and so much so the petitioner- defendant has been restrained from raising any construction over the disputed property and hence this Petition. Having extensively heard the learned counsel on both sides, I find that it is only in the interest of the parties to the suit and in the interest of 2 justice that the Civil Suit is given a quietus at the earliest. Therefore, without expressing any opinion as to the merit of the case, this main Petition is disposed of directing the Civil Judge (Senior Division), Hamirpur to dispose of Civil Suit No. 139 of 2008 as expeditiously as possible preferably within a period of two months from the date of production of a copy of this judgment by either party. It is made clear that the Civil Suit will be tried by the trial Court untrammelled by the observations and the findings rendered by the lower Appellate Court and the order passed by the trial Court, in the interim application . The Petition is disposed of, so also the pending application. March 5, 2010 (Justice Kurian Joseph), (rks) Chief Justice