IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 249 of 2009. Decided on: March 5, 2010 Tara Dutt ….. Petitioner. Versus Sanjeev Pandit and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice For the petitioner : Mr. S.K. Sharma, Advocate. For the Respondents: Mr. Satyen Vaidya, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner is the plaintiff in Civil Suit No. 14/1 of 2008 on the file of Civil Judge (Junior Division), Court NO.6, Shimla. The suit is filed for declaration of title. The plaintiff moved an application for temporary injunction, which was dismissed. The order was unsuccessfully pursued before the lower Appellate Court, hence this Petition. During the arguments, it has come out that the defendant had in fact filed a Petition before the Rent Controller and the orders are passed to evict the petitioner-plaintiff. The vehement request of the petitioner is to pass an order to maintain status quo till the suit is disposed of. I am afraid 2 such an order cannot be passed which would have the effect of stalling the proceedings which are now said to be pending in appeal against the proceedings for eviction. Be that as it may, it is informed that the suit was listed for trial as early as in 2008 and the plaintiff has not cooperated with the disposal of the suit in leading the evidence. On an overall assessment of the circumstances, it is only appropriate that a direction is issued to the trial Court to dispose of the suit as expeditiously as possible, provided the plaintiff also gives cooperation to the same. The Petition is disposed of with a direction to the Civil Judge (Junior Division), Court No.6, Shimla to dispose of the Civil Suit No. 14/1 of 2008 within a period of three months from the date of production of a copy of this judgment. The parties shall cooperate with the trial and disposal of the suit. March 5, 2010 (Justice Kurian Joseph), (rks) Chief Justice