•^\ mCH COURT OF CHHATTISGARH AT BILASPUR SJ8: Hon'UeShriPrashantKumarMishra WntPetition fQ No. 3305/2007 PETITIONER : DarasRam Versus RESPONDENTS Samelal and others Appearance: Shri Rajeev Shrivastava with Shri Malay Shrivastava, counsel for the petitioner. Shri Sudhir Venna, eounsel for respondentNo.l. Shri Sanjay Patel, counsel for respondent No.2. Shri Vinod Tekam, PL for respondentNo.3. WRIT PETITION UNDER ARTICLE 227 OF THE coNSTmmoN OF INDIA ORAL ORDER (21.09.2010) The petitioner/defendant is aggrieved by the order passed by the Additional District Judge, Janjgir on 2 March, 2007 (Annexure P-2). By this order his appeal under Order 43 Rule 1 (r) ofCPC, to challenge the trial courts order dated 10/01/2006 (Annexure P-1) has been dismissed. The trial court as well as the appellate court has dismissed the defendants/petitioners application under Order 39 Rule land2ofCPC. (2) The plaintiffi'respondent No.l has filed the suit for declaration t''. of title and permanent injunction with respect to the suit land. Accordiag to the plainti^ he is in possession ofthe suit land. The petitioner/defendant No.l is also claiming his possession in the suit land. -A. ""•. "~^ ^. 4. ,.| ^ I s^. j '^ r *" a ^ (3) While deciding the application for grant of temporary injunction, the trial court has found that the prima facie case and balance of convenience is not in favour of petitioner/defendant, but is in favour of plaintifFrespondent No.l. The appellate court has also found that the plaintiff has proved his prima facie case and that the balance ofconvenience and irreparable loss is in his favour. (4) Leamed counsel for the parties have stated that the suit has been fixed for recording the evidence ofthe parties. (5) This court by its order dated 15/06/2007 has directed that the status quo with regard to the possession ofthe suit property shall be maintained until farther orders. This order is still continuing. (6) In the facts and circumstances ofthe case, this writ petition is disposed of with a direction to the trial court to decide the suit as early as possible and preferably within a period of six months from the date of presentation of certified copy of this order. The order of statas quo granted by this court on 15/06/2007 shall continue during pendency ofthe suit. (7) The writ petition is disposed ofwith above direction. Sd//- Prashant Kumar Mishra Judge •^ 4.. - \