CRP 8/2011 BEFORE HON’BLE JUSTICE MR HN SARMA Heard Mr. K. Agarwal, learned counsel for the petitioner. Also heard Mr. J. Roy assisted by Mr. P. Nongbri, learned counsel entering appearance on behalf of the respondent No. 1. The subject matter of challenge in this revision petition is the orde r dated 16.12.2010 passed in Misc. Civil Appeal No. 9 of 2010 by which the learn ed appellate court remanded the matter back to the learned trial court for re-d ecision of the matter as agreed to by the learned counsel appearing for the par ties fixing 27.1.2011. The petitioner filed the aforesaid appeal in the court of the learned A ddl. Judge, Additional District Council Court, Khasi Hills, Shillong for declara tion of right, title and interest and for permanent injunction against the respo ndents. In the aforesaid suit an application under Order XXXIX Rule 1 and 2 CPC for injunction which was registered as Misc. Case No. 6/2010. In the aforesaid i njunction petition the petitioner made the following prayer as follows - In the premises it is therefore prayed that your Honour may be pleas ed to pass necessary orders granting ad-interim injunction during the pendency o f the related Title Suit restraining the Opposite Parties, their agents or any o ther persons action on their behalf not to give effect to the Deed of Declaratio n dated 14-10-2008, executed and registered by Defendant dated 14-10- 2008, executed and registered by Defendant No. 1 to 6, (Annexure 19 in series of the Plaint), Lease Agreement registered on 4-11-2008 effective from 1-10-2008 between O.P. No. 1 to 6 and O.P. No. 7 ( Annexure 20 to the Plaint), Deed of Dec larations dated 21-10-2008, executed by O.P. No. 7 (Annexure 21 to the Plaint), confirmation letters dated 27-4-2009 (Annexure 22 in series to the Plaint) No Objection Certificate dated 4-12-2008 issued by No ngkhiaw Sylemship( Annexure 23 of the Plaint) and further not to take any furthe r action or recourse on the basis of the aforesaid documents, including the mini ng operation on the suit land. And/or pass such other order or orders as deemed fit and proper. Pending show cause and hearing the instant petition and in view of the urgency o f the matter be pleased to dispense with the requirement of issuing notice to th e Opposite Party and grant ex-parte ad interim injunction to meet the end of jus tice. The learned trial court having rejected the prayer for ad-interim injunction iss ued notice to the defendants/opposite parties fixing 12.8.2010 vide order dated 2.7.2010. The petitioner challenged the said order in Misc. appeal No. 7/2010. I n the said appeal the learned appellate court passed the impugned order, as agre ed to by both the petitioner and the respondents, remanded the matter back to th e learned trial court, directing the parties to appear before the learned trial court on 27.1.2011 further directing the respondents therein to file their respe ctive written statements and show cause before the learned trial court on the ab ove date. In the aforesaid order the learned appellate court has not passed any order maintaining status-quo or any order of injunction in any form. Mr. Agarwal submits that in the meantime, till disposal of the injunction petiti on there must be some protection in the form of injunction or status quo order i n favour of the petitioner restraining the defendants. I have considered the prayer made by the learned counsel for the petitioner. Als o perused the materials available before me and the documents annexed with the p etition. The suit in question was filed in June, 2010 and although the petitioner prayed for temporary injunction, no such temporary ad-interim injunction or otherwise w as granted by the trial court and the learned appellate court remanded the matte r was remanded back to the learned trial court as agreed to by learned counsel f or the parties fixing 27.1.2011. In that view of the matter and since there are hardly few days left for consider ation of the matter by the learned trial court, I do not deem it appropriate and proper to pass any ad-interim order of injunction at this stage. Consequently, this revision petition is disposed of with the direction that the trial court sh all take up the matter on 27.1.11. The defendants shall file their objections an d written statement in the suit alongwith a copy to the plaintiff. The learned t rial court shall finally dispose of the injunction matter within a period of one week thereafter. The petitioner shall serve a copy of the petition alongwith all Annexures upon the learned counsel for respondent No. 1. The petitioner shall take steps upon respondent No. 2.