Heard Mr. B.R. Gupta, ld. advocate appearing for the applicant-revisionists and Mr. J.H. Mehta, ld. advocate appearing for the respondent.
2.The present Civil Revision Application is filed against the order of the appellate Court dated 16-8-2001 below injunction application Exh. 5 preferred by the respondent in staying the trial Court's order dated 17.10.2001. The trial Court has rejected the application below Exh. 5 for interim injunction in the Civil Suit No. 167 of 2001 preferred by the plaintiff, respondent herein. The said order was passed in Civil Miscellaneous Appeal No. 46 of 2001 and the injunction application was allowed by the appellate Court and the relief was also granted to the extent stated therein. The applicant-revisionists, aggrieved by the aforesaid order, have filed the present Civil Revision Application.
3.At the time of issuance of notice, this Court has passed an order on 11.7.2002 as under :
"By consent, S.O. to 22.7.2002. In the meantime it is directed that status-quo as directed by the court below will remain in force with respect to the alleged right of passage only and the interim relief will not naturally extend to other parts of the land of the petitioner. D.S. permitted."
4.After hearing the parties, there was a consensus amongst the parties to the effect that if suitable direction is given to the trial court for early disposal of the suit and in the meanwhile if the order passed by this Court remain in force, the same would serve the interests of justice. In view of the above submissions made by the parties and having considered the facts of the case as well as the consensus arrived at between the parties, I direct the trial Court to dispose of the suit as expeditiously as possible preferably within three months from the date of receipt of the writ from this Court or from the date of receipt of certified copy of this order. In the meanwhile, it is also directed that the status-quo, as directed by the appellate court, shall remain in force in respect of the alleged right of passage of the original-plaintiff and the interim relief would not extend to other parts of the land of the applicant-revisionists. It is expected that both the parties to the proceedings would abide by this order in its true letter and spirit.
5.In view of the aforesaid directions, the present Civil Revision Application is disposed of accordingly with no order as to costs.