Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1895 of 2018 Petitioner :- Ram Narayan And Anr.
Respondent :- Bheem Singh And 4 Ors.
Counsel for Petitioner :- Dheeraj Kumar Dwivedi
Hon'ble Manoj Kumar Gupta,J.
By means of instant petition, the petitioners have challenged the concurrent finding of fact returned by the courts below holding that there is no prima facie case in favour of the petitioners for grant of temporary injunction nor they being in possession of the suit property would suffer any irreparable loss and injury, if injunction is refused.
The courts below have also recorded a finding that earlier the predecessor-in-title of the present petitioners had instituted Original Suit No. 853 of 2001 in respect of the suit property. The said suit was dismissed in default on 6.9.2005. Without getting the same restored, he filed another suit bearing No.347 of 2009 wherein the application for temporary injunction has been rejected by the trial court. The trial court has also noted in the impugned order that Paper No.28-Ga is settlement between the parties in which the plaintiff admitted possession of the defendant in respect of 19 bigha of land which is in dispute in the instant case.
Counsel for the petitioners is not in a position to dispute the correctness of these findings. In such view of the matter, this Court is not inclined to interfere with the concurrent findings returned by the court below against the petitioners, while declining to grant temporary injunction. The petition lacks merit.
At this stage, learned counsel for the petitioners submitted that a direction be issued to the trial court to decide the suit expeditiously.
Having regard to the facts of the case and the submissions made, it is hereby provided that the trial court shall endeavour to decide the suit expeditiously, without being influenced by the findings recorded in the impugned orders while deciding the matter relating to temporary injunction.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 30.3.2018 skv