1 IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.828 of 2006 SURAJ SAH Versus NATHUNI SAH & ORS ----------- 4. 16.10.2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order passed by the lower appellate court affirming the order of the trial court with regard to rejecting the prayer of the petitioner for grant of injunction does not suffer from any jurisdictional error. Such orders in fact cannot be ordinarily set aside by this Court in exercise of power under section 115 C.P.C. as was held in the case of the Managing Director (MIG) Hindustan Aeronautics Ltd. Vs. Ajit Prasad Tarway, reported in AIR 1973 S.C. 76. Mr. Yogendra Mishra, learned counsel appearing for the petitioner, however, is correct that the suit of the year 1995 has remained pending for the last 14 years and on account of refusal of grant of injunction the suit property is changing hands which in ultimate would make it difficult to be recovered by the petitioner even in case he succeeds in the suit. He 2 would accordingly submit that at least the trial court should be directed to dispose of the suit at an early date. In the opinion of this Court this part of submission of the learned counsel for the petitioner seems to be correct and accordingly, the trial court is directed to ensure that the suit is disposed of within a period of one year from the date of receipt/ production of a copy of this order. With the aforementioned observation/direction this application is dismissed. (Mihir Kumar Jha,J.) Surendra/