SHIVAJI Vs. JOSEPH

JUDGEMENT

(1.) Respondent is the plaintiff and petitioners are the defendants in O.S. No. 105 of 2004, on the file of Principal Civil Judge (Junior Division), Khanapur. Suit was instituted on 14-7-2004, to pass a declaratory decree with respect to easementary and prescriptive rights over the suit property and for grant of consequential reliefs. Defendants entered appearance and have filed written statement dated 26-8-2004. I.A. No. 1 filed in the suit by the plaintiff, upon consideration, was dismissed by the Trial Court on 22-11-2004. M.A. No. 69 of 2004 filed in the Court of Civil Judge (Senior Division), Belgaum, sitting as Itinerate Court at Khanapur upon consideration was allowed on 25-4-2009 vide Annexure-F1. Defendants and their agents are restrained from digging trenches, ploughing or doing any act leading to preventing the plaintiff and his people from passing through the suit property and using the suit property to approach the lands bearing R.S. Nos. 11 and 12 of Katagali Village, pending disposal of the suit. Feeling aggrieved, defendants have filed this writ petition.

(2.) While ordering emergent notice to the respondent on 19-6-2009, an interim order of status quo was passed in this writ petition. The said order operates till date.

(3.) Heard the learned Advocates on both sides and perused the writ petition record. Suit has been filed on 14-7-2004. In the suit, relief prayed is easementary and prescriptive rights in respect of the property in dispute. Pleadings being complete, issues have been raised and the trial of the suit has commenced. Since, status quo ordered on 19-6-2009 was remained unaltered, it would be in the interest of justice, to make the same absolute and direct that the suit be decided expeditiously and in a time bound manner.