General Public of Mohalla Goriya Ka Bas and Nanha Bazar vs LR's of Fatima and Others

Vineet Kothari, J.—Heard learned counsel for the parties. In the injunction suit filed by the petitioner-plaintiff. General Public of "Mohalla Goriya Ka Bas & Nanha Bazar", Merta City, the learned trial Court granted temporary injunction vide the order dt. 20.11.2010 (Annex.2), however, the learned first appellate Court of District Judge, Merta City, rejected the temporary injunction application of the plaintiff in the present suit by the impugned order dt. 21.02.2012 (Annex.3).

Being aggrieved by the same, the petitioner has approached this Court by way of present writ petition.

By an ad-interim order dt. 09.04.2012, this Court had directed to maintain status quo in regard to the property in dispute. The petitioner-plaintiff (General Public) claimed that the land in question is a public land and open "Chowk", whereas without any title in favour of respondents-defendants, they were seeking to encroach upon the same and in these circumstances, the suit was filed.

Both the learned counsel for the parties fairly agreed that the present writ petition may be disposed of with a request to the learned trial Court to expedite the trial of the suit and during the pendency of the trial, the interim order granted by this Court on 09.04.2012 directing to maintain status quo with respect to property in dispute, shall continue. The learned trial Court is expected to expedite the trial within a period of one year from today.

The request appears to just and proper and the same is accordingly accepted. Ordered accordingly. The writ petition is, accordingly, disposed of. No costs. A copy of this order be sent to the concerned parties and the learned Courts below forthwith.