IK THE HIGH COURT OE' OTDICATORB AT BIIiASPUR (C.G,) WRIT PETITION K0« 2-& 5 OF 2004' BETWEBi Kashi Ram s/o Balram swarnkar ,aged about 42 yesrs, resident of Baloda,Tehsil Janjgir District Janjgir Champa (CG). -ffiat.u.,'••^-tf^.S^li N D PETITIONER 1. State oS Chhattisgarhtthrough Collector Janjgir Champa. / 2. Purshottsm c"/o Gyan Das SatnamJ-a aged about 50 years agriculturist, resident of villags Balods,Tehsil JanjgB.r, Bistrict Janjgir Chariipa. 3. Hanharan S/o Balaram Kahara, aged about 46 years cesident of Baloda Tehsil iJanJg-tr District J'anjgir Chainpa, / SESPONDEKT; IKDIA y VSiaIT pm'ITION UiroEK_A,RTlCLES__^26y/^27 Of THE COKSTITU'riON OF ^-. ./)A1'L' //' .<A- ^y-^>-u- -it-^L—-^_^J ^^^' v.-'~,l\^.>' ^^^'•••: ... i; .! fc' ^'^V^^Sy.?!^^ ^-s^s-^^. mGH COURT OF CHHATTISGARH AT BILASPUR ».B: Hon'ble Shri Prashant Kumar Mishra PETITIONER Writ Petition No. 265Z2004 Kashi Ram \ Versus RESPONDENTS : State of Chhattisgarh and others Appearance: Shri Awadh Tripathi with Sunil Sahu, counsel for the petitioaer. Miss. Sangeeta Mishra, Panel Lawyer for the State/respondent No.l. Shri K.A. Ansari, Senior Advocate with Shri R.L. Bajpai, counsel for respondent No.2. None for respondent No.3. WRIT PETITION UNDER ARTICLE 226^27 OF THE CONSTITUTION OF FNDIA ORAL ORDER (21.09.2010) The petitioner has challenged the appellate order passed by the Additional District Judge, Janjgir allowing the plaintiffs appeal and ^ranting an order of temporary injunction in his favour. The trial court had earlier rejected his prayer for grant oftemporary injunction vide its order dated 1 1/03/2003. (2) This writ petition is pending since January, 2004. There is no interim order staying the operation ofthe order of injunction granted by. the appellate court. The petitioner had withdrawn prayer for interim reliefmade in MWP No.228/2004. (3) In another Writ Petition (227) No. 7462/2009 arising out ofthe same civil suit, this court has already passed an order directing the S'R' .'£:Ul;^ .^iSSglSSgla .^*^^;?"^'" "•'^''s--'-^'^ ;-%.^;t"" ]'^"' 1 trial court to dispose ofthe suit as early as possible and preferably within a period of six months fi-om the date of receipt of certified copy ofthe order. (4) Without expressing auy opinion on the merits ofthe case, it is directed that the direction made in Writ Petition (227) No. 7462/2009 for early disposal of the writ petition shall also apply in this case. Need less to say that the fmdings arrived at by the appellate court while disposing ofMisc. Appeal and granting temporary injunction in favour of the plaintiff are only to examine existence of prima facie case, balance of convenience and irreparable loss. The said findings are subject to the evidence which are adduced by the parties durins the trial and that fhe trial court shall not be influenced by the said finding while deciding the suit. (5) With this observation, the instont writ petition stands disposed. Sd/- Prashant Kumar Mishra Judge 4./^. s