CRP 15/2011 BEFORE HON’BLE JUSTICE MR HN SARMA Heard Mr. A. M. Majumdar, learned sr. counsel for the petitioner assiste d by Mr. M. Bora. Also heard Mr. S. S. Dey learned counsel appearing for the sol e respondent. The subject matter of challenge in this revision petition is the interim o rder dated 22.12.2010 passed in Misc. Civil Revision No. 2 of 2010 by the Addl. Judge, Additional District Council Court, Shillong thereby admitting the appeal and setting the order dated 10.12.2010 passed by the learned trial court in Mis c. Case No. 24/2009. The plaintiff/petitioner instituted the Title Suit No. 29/1 0 in the court of the Addl. District Council Court, Shillong for declaration of right, title and interest and for ad interim injunction against the defendants/r espondents. In the aforesaid suit the petitioner made the following prayer as fo llows - a) for a declaration that the plaintiff is liable to pay Royalty at the fix ed rate of Rs. 25-/- (Rupees Twenty Five) only, per 12 metric tonne for coal as per the Lease Deed dt. 15.10. 1993. b) For declaration that the Respondent has no legal right to collect royalt y from the Plaintiff at a rate higher than Rs. 25/- (Rupees twenty five), only, per 12 metric tonne for coal. c) For specific performance of Contract against the respondent to coll ect royalty from the Plaintiff at the rate of Rs. 25/- (Rupees twenty five) only , per 12 metric tonne for coal. d) For permanent injunction restraining the defendant, his agents or any o ther person or persons acting through or under him from collecting royalty from the plaintiff at a higher rate than Rs. 25/- (rupees twenty five ) only, per 12 metric tonne for coal. e) For cost of the suit. f) For any other relief/reliefs which the plaintiff is entitled to accordin g to law. Alongwith the said suit the plaintiff petitioner also filed an app lication for temporary injunction which was registered as Misc. Case No. 24/10 m aking the following prayer. In the premises aforesaid it is humbly prayed that your honour may be pleased to pass necessary orders granting an ad-interim injunction directing the Opp. Part y his agents or any person or persons acting though or under him from collecting royalty at a higher rate than Rs. 25 (Rupees twenty five) only per 12 metric to nne for coal and or to pass any other order/orders as your Honour may deem fit a nd proper. The learned trial court upon consideration of the averments made in t he plaint and upon hearing the learned counsel for the plaintiff/petitioner vide order dated 10.12.2010 passed in Misc. Case No. 24/10 granting ad-interim injun ction directing the opposite party, his agents or any person or persons acting t hrough or under him from collecting royalty at a higher rate. Aggrieved by the order of temporary injunction, the defendants filed Misc. Rev. No. 2/10 in the Addl. District Council Court, Shillong. The learned a ppellate court considering the point admitted the revision to be heard on merit and also passed an order setting the appeal dated 10.11.2010 passed in M.C. No. 24/10 by the learned trial court. Against the aforesaid order the present petiti on has been filed by the plaintiff respondent. Upon delivering to a certain length both the parties have agreed that t he matter may be disposed of with the order that learned trial court to be direc ted to be disposed the injunction petition i.e Misc. Case No. 24/10 arising out of Title Suit No. 23/2010 maintaining status-quo as on date. In view of the aforesaid submissions made by the learned counsel for the parties, this petition is disposed of with the following directions - i) the learned trial court shall dispose the Misc. Case No. 24/10 arising o ut of Title Suit No. 23/2010 within a period of three weeks from the date of ope ning of the court after the current winter holidays and the defendants shall fil e their objections/documents. Written statements whatever is considered necessar y. ii) The defendants/respon- dents shall withdraw the Misc. Civil Revision no. 2/10 which is pending in the court of the Addl. District Council Court, Shillong and iii) both the parties shall maintain the status-quo as regards the collection of royalty, as on today.