/ HIGH COURT OF CHHATTISGARH AT BILASPUR SB : HGN’BLE SHRI JUSTICE PRITINKER DIWAKER w.p. 1227) No. 2199/2009 S EETITIONER Siyaram jo. Tiwari, aged Plnw‘mHW Lu; ‘ aboui 59 yaars rfo. V‘W‘ a Laiinkala, Tahsil and Disirict Mahasamund (CG) "An-v3" v at RESPONDENTS 1. Jhaduram Sahu, S/ o. Defendants Tulsimm Sahu, R/o. Village Lafinkala, Tahsil and District Mahasamund (CG) 2. Nutan Kumar Sahu, S/o. Lakhan Lal Sahu, aged about 41 years, Profession Advocate, R/o. Village Barond Bazar, Tahsil and District Mahasamund (CG) (In order impugned name of defemiant No.2 has not been mentioned) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Appearance: Shn' Satyen‘dra Sahu, counsel for the petitioner. oRAL enema (28.04.2009) Challenge in the writ petition is, to the order dated 05.03.2009 passed by First Additional District Judge, Mahasamund in M.C.A. No. 05i2008, whereby the appeal as preferred by the petitioner challenging the order of learned Civil Judge rejecting the application as filed under Order 39 Rule 1 85 2 of the Code of Civil Procedure has been affirmed. l have perused the record and the order impugned. Both the courts below have given a concurrent finding and have specifically htld that the petitioner is not cntitled for any tsmporauy injunction as per the requirement of Order 39 Rule 1 & 2 of the Code of Civil Procedure. The suit was med in the year 2007 and counsel for the petitioner very fairly submits that till date even the plaintiii‘ has not filed the affidavit as required under Order 18 Rule 4 of the Code of Civil Procedure. The conduct of the plaintiff itself shows that the plaintid has no urgency in the suit. Looking to the facts, there is no error apparent on the ’ face of record to interfere with the reasoned orders passed by the courts below. Thepetition is accordingly dismissed. As the suit is pending since last two years, it is expected that the suit itself will be decided expeditiously preferably within a period of six months from the date of receipt of this order. It would be the duty of the petitioner to submit‘the order of this Court before the trial court so that the matter will be decided expediu'ously. 7/// //V / sdl‘ iwake‘ ’ Pri‘w‘e‘ sudge k