^-~ HIGHCQURTOF JUDICATURE CHHATTISGARH : BILASPUR SiNGLE BENCH : HON'BLE SHRI SJl. NAYAK, C.J. PETITIONERS DEFENDANTS RESPONDENTS PLAINTIFFS WRiT PETITION N0.4584 OF 2005 1. Milind Gupta, S/o Dr. Vijay Singh Gupta, aged about 28 years, 2. 3. versus Skand Gupta, S/o DT. Vijay Singh Gupta, aged about 26 years, Dr. Vijay Singh Gupta, S/o Late Bahadur Singh Gupta, aged 64 years, Petitjoners No. 1 to 3 are Residents of Kateheri Road Road, Appa Para, Tahsil & Dist. Durg (Chhattisgarh) Ajit Singh Gupta, S/o Late Bahadur Singh Gupta, aged about 70 years, Resident of Katcheri Road, Appa para, Durg, Tahsil & Dist. Durg (Chhattisgarh) Ajay Singh Gupta, S/o Late Bahadur Singh Gupta, aged about 62 years, Resident of Near Labour Court, 179 Utai Road, Irani Dera, Durg, Tahsil and District Durg (Chhattisgarh) Present : Mr. Manindra Shrivastava, leamed Sr. Advocate with Mr. Amrito Das, tearned counset for the petitioners. ORAL ORDER (Passed on 27th February, 2006) The onty grievance of the petitionere which 1 could gather from the submitting of Shri Manindra Shrivastava, Senior Advocate is that the teamed Judge while disposing of the application has made an unwarranted observation that the issues which were sought to be tried as preliminary issues by the petitioners have already been decided while considering the application of the plaintiff for grant of temporary injunction. 1 think that the learned Judge is not justified in making that observation. In that view of the matter, 1 dispose ofthe writ petition setting aside the above oteervation ofthe S'°1 //1 2- - learned trial Judge. In all other respects, the impugned order of the learned Judge shall stand unaltered. Nocosts. _—. Sd/- Chief Justice i.,A^*A •^K^?^^ 'ssWW^" ^