-- - HjGJ±CQyRTOFJUDiCATURiCHHATTISGARH:B Sinate Bench: - Hon'ble Shri S.R. NAYAK, CJ e' WRIT PET1TION N0.5777 OF 2005 PETITIONER RESPONDENTS 3. Municipat Corporation, Raipur, Through Cpmmjssioner, Municipai Corporation, Raipur (C.G.). DEFENDANT N0.1 Versus M/s Mangiial Pagariya, Buifders and Contractors, Through Partnership Firm, Sushii Chandra Pagariya, Pagariya House, New Bus Stand, Pandri, Raipur, District Raipur (C.G.). PLASNTIFF Joint Djrector, Town and Country Ptannmg, R.D.A. Building, Sharda Chowk, Rajpur, District Raipur (C.G.). DEFENDANT N0.2 First Additional District Judge, Raipur, District Raipur (C.G.). Present: Mr. H.B. Agrawai, Sr. Advocate with Mr. Santosh Yadu, learned counsel for the pefitioner. ORDER (Passed on 29In November 2005) The first respondent herein has fiied a suit before the Court be(ow for declaration of tjtle and permanent injunction. The suit was filed at a stage when the petjtioner herein threatened to demollsh the suit property for the alleged violation of Municipal Law. The plaintiff, therefore, filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure for <r temporary injunction and that application came to be rejected. Being aggrieved by that order, it preferred an appeal and the appellate Court has granted injunction restraining tho potitioner herein from demolishing the suit sch^duie property, pending disposal of tho suit. Being aggrteved by the said order, Municipai Corporation of Raipur, defendant in the surt has preferred this writ petitjon under Article 227 of the Constitution of India. 2, I have heard learned counsel for the petitioner. The order made by the appellate Court is equitable and intended to protect the property in the event of plaintiff succeeding in the suit. The order passed by the appellate Court, therefore, cannot be faulted with. The writ petition i3 therefore, dismissed. However, the triaf Court is directed to expedite the trial of the suit and disposo of tho same as ©xp^ditiouslyas possible at any rate wi'thin a period of one year from the date of receipt of a copy of this order. Registry is direeted to send a copy of this order to the triaj Court forthwith. Sd/- ChiefJustice Subbu