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Judgment
The petitioner-M/s BCCL is aggrieved of order dated 20.05.2010 passed in Misc. Appeal No.54 of 2010.
Title Suit No.173 of 2009 was instituted by M/s BCCL for a declaration of its right, title and interest over the suit land by virtue of acquisition and
delivery of possession of it under Land Acquisition Act. In the pending suit an application under Order XXXIX Rules 1 and 2 CPC was filed
which was dismissed on 17.02.2010. Against this order the plaintiff has preferred Misc. Appeal No.54 of 2010; against rejection of Misc. Appeal the
petitioner has approached this Court.
Without recording facts of this case in detail, suffice would be to record that by an interim order dated 15.07.2010 the respondents were restrained
from creating third party interest in the shops under construction. Subsequently, by order dated 04.05.2012 parties were directed to maintain 'status
quo'. It is admitted at bar that even after more than 5 years when an order directing the parties to maintain 'status quo' was passed, the suit has not
been disposed of.
Accordingly, this writ petition stands disposed of with a direction to the parties to adhere to the directions issued by this Court on 15.7.2010 and
04.05.2012 and the impugned order dated 20.05.2010 is modified to the aforesaid extent. The trial judge shall endeavour to dispose of Title Suit
No.173 of 2009 within one year. 5. I.A. No.1453 of 2012 stands disposed of.
