SHANKARLAL SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed seeking following relief(s)

(2.) It is submitted by counsel for petitioner that petitioner had filed a Civil Suit and temporary injunction order was granted by the Trial Court. However, said order was set aside by the Appellate Court. The order of Appellate Court was assailed by petitioner by filing M.P. No.4336/2018 which was disposed of by Co-ordinate Bench of this Court by order dtd. 26/09/2023 and the Trial Court was directed to expedite the hearing of the suit and till then parties were directed to maintain the status quo. Thereafter, Trial court has dismissed the suit filed by petitioner, against which Civil Appeal under Sec. 96 of CPC is pending. Petitioner has also filed an application under Order 39 Rule 1 and 2 CPC before the Appellate Court, which is pending. However, respondent is proceeding further at a swift pace for construction of building. Therefore, it is prayed that this Court may direct the parties to maintain the status quo and respondent may be restrained from raising any construction on the disputed land till adjudication of the application under Order 39 Rule 1 and 2 CPC.

(3.) Heard learned counsel for the petitioner.