IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) NO), C”? I OG OF 2009 WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ETITIQNEIK : r/ Smt. Vimla Singh, aged about 69 years, W/o P MW “ _ Shri Nihal Singh, R/o. Jaxhabhata, Bilaspur, an/7) District Bilaspur (C.G.) VERSUS ESPONDENTS D39 c )x g7 awn}; : / 1. State ofChhattisgarh, Through: the Collector, Bilaspur (C.G.). Nazul Offlcer, District Bilaspur (C.G.), 3. Commissioner, Nagar Palik Nigam, Bilaspur, District Bilaspur (C.G.), / . Addl. Tahsildal, Bilaspur, District Bilaspur (C.G.) W P 1/ ”v R ‘ M HIGH COURT OF CHHATTISGARH AT BILASPUR Sinqie Bench: Hun‘bie Shri Justice Prashant Kumar Mishra Writ Petition 1227) N0.6100 I 2(m9 PETITIONER Smt. Vimia Singh Versus RESPONDENTS State of chhattisgarh 8. others. ; Shri N.L. Soni, coume! forthe petitiuner. Shri Sushi! Dubey, Govt. Advocate far the State. Shri A.S. Kachhawaha, cuunsel for respondent No.3. WRIT PETIT§ON UNDER ARTICLE 227 9F TI'iE CONSTiTUTiON 9F INDIA aRAnoRnER {04.93.291a) Admittedw, the suit prefen'ed by the petitioner §or decimation sf titte and for permanent injunction to resttain the Corporation tram demolishing the subject construction is pending before the triat Court and has reached up to the stage ef recording of evidence. (2) Challenge in this writ petition is to the appellate order passed under Order 43 Rule t {r} oi C.P.C., which the plaintiff had preferred against rejection of his appiioation under Order 39 Rule 1 & 2 read with Section 151 of C.P.C. Both the courts below have concurrently found that the piaintiff has tailed to ptoci existence oi prime facie caee, balance of convenience and irreparable loss in his iavour‘. \ ‘ {3} Without commenting anything on merits, this Court direct that the suit preterred by the petitionerfplaintiff shall be disposed o'f by the trial Court as early as possible and preferably within a period of six months {4) With these observations, the petition is disposed of. \ Sd/n r ‘1‘} Prashant Kumar Mishra ‘ ? Judge g