S.B.Civil Writ Petition No.5891/2008 (Smt.Chandramani & Ors.vs. Shri Goru Dan & Ors. Date of order :20/8/2008 1/2 S.B.CIVIL WRIT PETITION NO.5891/2008 (Smt.Chandramani & Ors. vs. Shri Goru Dan & Ors) DATE OF ORDER : 20th August, 2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Suresh Shrimali, for the petitioner. -------- 1. This petition is directed against the order dated 18/7/2008, whereby, first appellate court affirmed the order of learned trial court. Thus both the courts rejected the application for temporary injunction under Order 39 Rule 1 & 2 CPC. The suit was filed for claiming way as an easementary right and the trial courts have refused temporary injunction on the ground that plaintiffs had an alternative way to their field. 2. Having considered the submissions made at the bar, this Court is not inclined to interfere with the impugned order in exercise of powers under Article 227 of the Constitution of India. The writ petition is found to be devoid of merit and is accordingly dismissed. 3. Learned counsel for the petitioner-plaintiff, however, submits that the trial court may be directed to decide the suit expeditiously. S.B.Civil Writ Petition No.5891/2008 (Smt.Chandramani & Ors.vs. Shri Goru Dan & Ors. Date of order :20/8/2008 2/2 The suit in question has been filed in 2003 and present stage of the suit is framing of the issues. 4. In the facts and circumstances of the case, learned trial court is requested to undertake the trial of the suit expeditiously. (DR.VINEET KOTHARI), J. Item No.14 baweja/-