63 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR Single Bench : Hon'ble Shri S.R. Nayak, CJ Petitioner Writ Petition No.4351 OF 2005. Ramgopal Sharma, S/o. Shri Chiranjeev Lal, Aged bout 60 years, R/o. D-1, Sai Sadan, Priyadarshni Nagar, Bilaspur. (C.G.)- Defendant No.2 Respondents Versus 1. Smt. Sunita Tiwari. W/o. Dr. Shekhar Tiwari. 2. Dr. Shekhar Thwari , S/o. Shri Ramashankar Tiwari, Both R/o. Priyadarshni Nagar, Ring Road, Bilaspur (C.G.) -Plaintiffs- 3. Munidpal Corporation, Bilaspur, Through ite Commissioner, Bilaspur (C.G.). -DefendantNo.1- 4 Bilaspur Sahkari Grih Nirman Samiti, through its Prabandh Sanchalak, Bilaspur Sahkari Grih Nirman Samiti, Bilaspur (C.G.). bef®nd<int No.3 Present: Mr Ali Asagar, learned counsel for the petitioner. ORAL ORDER (Passed on 21st of December 2005) The question whether the easementary right claimed by the plaintiffs is affected by the construction made by the petitioner herein is a pure question of fact. The finding recorded by the appetlate Court on that question could not be condemned as perverse. 1 do not find any jurisdictjonal flaw or error apparent on its face. In that view of the matter, this is not a fit case to entertain under Articles 226/227 of the Constitution ^^ ^ -2- ei of India. Hence, the writ petition is dismjssed. However, teamed trial Judge is directed to expedjte the trial of the suit and dispose of ,t as expeditiously as possibte, at any rate. wjthin a period of six months from the date of receipt of a copy of thjs order. _—- Sd/- Chief Justice