IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 13 th OF JULY, 2023 MISC. PETITION No. 5874 of 2018 BETWEEN:-

SANTOSH SINGH S/O LATE SHRI VISHWAS SINGH, AGED ABOUT 58 YEARS, OCCUPATION: BUSINESS R/O. VILL. BARA TEH. HUZOOR DISTT. REWA M.P. PRESENTLY RESI. AT SAMAN TEH.

HUZUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHUTOSH TIWARI - ADVOCATE)

AND

1. SMT. LEELAWATI SINGH W/O LATE SHRI SARDAR BALLABH BHAI, AGED ABOUT 60 YEARS, R/O. VILL. BARA TEH. HUZOOR (MADHYA PRADESH)

2. NEERAJ SINGH S/O LATE SHRI SARDAR BALLABH BHAI, AGED ABOUT 32 YEARS, VILLAGE BARA TAH. HUZOOR (MADHYA PRADESH)

3. SMT. BABULI ALIAS RATNA SINGH D/O LATE SHRI SARDAR BALLABH BHAI, AGED ABOUT 35 YEARS, URRAHAT TAH. HUZOOR (MADHYA PRADESH)

4. STATE OF M.P. THROUGH COLLECTOR DISTT. REWA (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENTS NO.1 AND 2 BY SHRI SHIV KUMAR DUBEY - ADVOCATE)

(RESPONDENT NO.4 BY MS.SUPRIYA SINGH – PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated 9.8.2018 passed by III Addl. District Judge, Rewa in M.A.No.41/2017 by which the appeal filed by the petitioner under Order 43 Rule 1(r) of the CPC against the order of temporary injunction dated 8.11.2017 passed by 6^th Civil Judge Class II, Rewa in Civil Suit No.362-A/2017 has been rejected.

2. The facts necessary for disposal of the present petition in short are that respondents no.1 and 2 have filed a suit for declaration of title, possession as well as for permanent injunction in respect of Khasra No.514/4 area 0.211 hectares situated in Tahsil Huzur, District Rewa. An application under Order 39 Rule 1 and 2 CPC was also filed. By order dated 8.11.2017 the trial court restrained the petitioner from raising any construction in Khasra No.514/4 as well as from raising any obstruction on the said land till the final disposal of the suit.

3. Being aggrieved by the said order passed by the trial court, the petitioner preferred an appeal which too has been dismissed by the appellate court by order dated 9.8.2018 passed by III Addl. District Judge in M.A.No.31/2017.

4. This petition is pending since 2018 and there is no interim order in the present petition. Thus, it is clear that from the year 2017 the temporary injunction order is in force against the petitioner. The suit was filed on 3.8.2017 and none of the parties are in a position to point out the stage of trial. Under these circumstances, this Court is of the considered opinion that no useful purpose will be served by deciding the petition on merits.

Accordingly, it is dismissed with the following observations :-

i) If the trial is still pending then the trial court shall positively conclude the trial within a period of six months from the date of production of certified copy of this order.

ii) If the trial has already been concluded then the aforesaid direction will automatically lose its effect.

(G.S. AHLUWALIA)

JUDGE HEMANT SARAF +05'30'

HS