SBCMA No.1598/2008 Shrilal & Ors. Vs. Kalu Ram 1 SBCMA No.1598/2008 Shrilal & Ors. Vs. Kalu Ram DATE OF ORDER : - 24.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Manish Shishodia, for the appellants. Mr.Vineet Jain, for the respondent. <><><> Heard learned counsel for parties. In the partition suit, the trial court refused to grant injunction to the plaintiffs-appellants vide order dated 24th Oct., 2008. Learned counsel for the sole respondent submitted that presently the respondent is not proposing to raise construction, but so far as his right to raise construction is concerned, he has right to raise the construction and learned counsel for the respondent submitted that in case there will be any need, the respondent will approach the trial court and seek permission before raising the construction. Looking to the totality of the facts of the case, this SBCMA No.1598/2008 Shrilal & Ors. Vs. Kalu Ram 2 Court is of the view that when there is one respondent only, the suit itself can be decided expeditiously in the peculiar facts of this case and since the respondent is not raising construction presently, therefore, it will be appropriate to direct the trial court to decide the suit expeditiously and till then, the respondent shall not raise construction. However, it is made clear that if there is delay caused by the plaintiffs and there arise occasion for raising construction for the respondent, the respondent may approach the trial court and seek permission for raising construction. Both the parties are expected to cooperate the trial court in deciding the suit expeditiously. With these observations this appeal is disposed of with direction to the trial court to decide the suit expeditiously. (PRAKASH TATIA), J. c.p.goyal/-