IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7145 of 2008 Date of Decision: March 10, 2009 Gurmeet Singh and another … Petitioners Versus Gurmail Singh and others … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. R.N. Singal, Advocate, for the petitioners. Mr. Sherry K. Singla, Advocate, for the respondents. S.D. Anand, J. The controversy is about the entitlement or otherwise of defendants / petitioners to operate oil expellers in the premises adjacent to the house of the plaintiffs – respondents. The plea raised at the trial, in the main suit and also in the ad-interim application, was that the vibrations caused thereby have already caused cracks in the walls and their houses and the running of the oil expellers would, even otherwise, give rise to pollution and cause nuisance to those living in the vicinity. Certain photographs in support of the former averment have been placed on the file. C.R. No. 7145 of 2008 The learned Trial Court allowed the injunction application. The order was affirmed in first appeal. I find, from a perusal of the order aforementioned, that the judicial discretion in the context had been exercised by the learned Trial Court and also the learned First Appellate Court in a manner which cannot be described to be perverse in character. It is, otherwise, common ground that the plaintiffs – respondents have almost concluded their evidence and the matter is presently fixed for 20.03.2009 for conducting the cross- examination of the plaintiff – respondent. The petition shall stand dismissed. However, the learned Trial Court is directed to conclude the evidence of the plaintiffs – respondents on 20.03.2009 and also to conclude the trial itself by or on 31.03.2009. This order is being granted by the Court as it would be in the interests of justice that the controversy stands adjudicated upon on the basis of substantive evidence at the earliest. The acknowledgment (of a copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned District Judge shall himself maintain a tab to ensure that the case is disposed of by afore-mentioned period. March 10, 2009 ( S.D. Anand ) vkd Judge 2