IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17253 of 2010 RAMDEO PRASAD @ RAM PRASAD SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 02. 02.12.2010 Heard learned counsel for the petitioner and learned counsel for the Biharshariff Municipal Corporation. In view of the nature of the order to be passed, this Court does not consider it proper to take note of the fact of the case except to the extent necessary less it prejudice the case of either party in the pending suit between them on the issue. The allegations are of encroachment. The petitioner denies the same. The petitioner has already filed a Title Suit. The Corporation has entered appearance and filed written statement also. Learned counsel for the petitioner fairly submits that he proposes to seek interim relief in the suit before the trial court for any threatened act on part of the respondents. He however submits that this Court may grant him interim protection till then. In view of the fact that a suit has already been filed, where questions of facts can more better be examined, and that the petitioner has adequate remedies available to him for an ex-parte injunction 2 also under Rule 39 (3) C.P.C. if he satisfies the Court, there is no occasion for the Court to pass any interim orders. Any application for injunction is required to be considered by the court below expeditiously preferably within a maximum period of one month from the date of presentation and/or filing of the same. The application stands disposed. P.K. ( Navin Sinha, J.)