Heard learned counsel for the petitioners.
In the suit for permanent injunction instituted by the petitioners, an interim injunction after hearing the parties was granted on 8.10.2009 on being prima facie satisfied that between the two houses there existed a common land 1.68 meter wide. The appellate court on the basis of the sale deeds of the parties on record concluded that though earlier the aforesaid land may have been in common use but it is apparent that now the said common land had fallen to the exclusive share of the defendants-respondents and is no longer common.
In this view of the finding of fact no case for exercise of discretionary or supervisory jurisdiction is made out.
The petition as such lacks merit. However, petitioners may get the hearing of the suit itself expedited and it is hoped that the court below shall ensure its early hearing.
With the above observation the writ petition is dismissed.
Order Date :- 21.10.2010 piyush