GORDHANBHAI TRIBHOVANDAS PATEL Vs. CHHITUBHAI TRIBHOVANBHAI PATEL

JUDGEMENT

(1.) The petitioner is the original plaintiff and the respondent is the original defendant. They are brothers. The petitioner filed a suit for declaration and injunction that he is the exclusive owner and in exclusive possession of the suit lands - agricultural fields-and that the respondent was interfering and disturbing his possession. Therefore he prayed for permanent injunction and also prayed for temporary injunction by an application exh. 5. The trial Court granted an ex parte injunction and after hearing the other side vacated the same. In appeal the said findings and order are confirmed. Hence the original plaintiff has come up with this Revision Application.

(2.) The learned Counsel for the petitioner submits that the petitioner has been in exclusive possession since decades and also his possession is protected by interim order of the courts since 1987 and therefore the status quo be continued till disposal of the suit and the suit should be directed to be disposed of expeditiously.

(3.) On behalf of the respondent it is submitted that the petitioner-plaintiff has failed in both the Courts below and it would be traversty of justice if that status quo is continued. Without going into the merits the respondent is right. The concurrent orders of the two courts cannot be set aside except on merits. Mere lapse of time is no ground to allow the revision.