RAMIZA BEVI Vs. MOHAMED GOUSH

JUDGEMENT

(1.) The Fair and Decreeal order dated 12.08.2013 passed in I.A.No.400 of 2013 in O.S.No.206 of 2012 is under challenge in the present civil miscellaneous appeal.

(2.) The appellant is the plaintiff, who instituted a suit for partition. During the pendency of the suit, interlocutory application in I.A.No.400 of 2013 is filed seeking an order of temporary injunction against the defendants 1, 2, 4 and 14 restraining them their men and agents from in any manner way involved in the process of construction of shopping complex in the schedule mentioned property till the disposal of the suit. The trial Court considered the facts and circumstances elaborately and dismissed the interlocutory application. Against which, the present appeal is filed.

(3.) Interim orders are to be granted only if a prima face case is made out and more than that, a balance of convenience is to be taken into consideration while granting an order of interim injunction. Rights of both parties are protected during the pendency of the civil suit. The interlocutory application was filed in the year 2013 and it was dismissed on 12.08.2013 itself. The suit is pending without any interim order for the past about seven years. Thus, at this length of time, this Court is not inclined to grant interim order or interfere with the findings of the trial Court for dismissal of the interlocutory application. The parties are at liberty to adjudicate all the grounds raised in the main suit and the suit is to be decided on merits and in accordance with law. Accordingly, the Fair and Decreetal order dated 12.08.2013 passed in I.A.No.400 of 2013 in O.S.No.206 of 2012 stands confirmed and consequently, the Civil Miscellaneous Appeal stands dismissed. The trial Court is requested to dispose of the suit as expeditiously as possible preferably within a period of one year from the date of receipt of a copy of this order.