SOMCHAND Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT -plaintiff has directed this appeal against the Order dated 21.7.1997 passed by 1st Addl. District Judge, Shajapur in Civil Regular Suit No. 4-A/97, thereby rejecting application filed by the appellant under Order 39 Rule 1, 2 read with Sec. 151 of the Code of Civil Procedure.

(2.) BRIEFLY stated the facts of the case are that Collector, Shajapur, in Revenue Case No. 10/89-90 passed an Order dated 23.5.97 exercising powers u/s 182 of the MPLR Code 1959, declared the disputed agricultural lands situated at Gram Chousla Musalman district and Tehsil Shajapur as government lands and ordered eviction of the appellant-plaintiff from the said lands. Aggrieved by the said order of the Collector, plaintiff-appellant filed a suit for declaration and permanent injunction against the respondents before the trial Court. The appellant has also filed an application under Order 39 Rule 1,2 read with Sec. 151 CPC for an order of temporary injunction, restraining respondents-defendants from interfering with the possession of the appellant on the lands in dispute. On service of the notice on the respondents, the application was opposed. The learned trial Court, considering the submissions of the learned counsel and on the basis of the material available on the record, rejected the prayer of the appellant for issuance of temporary injunction against the respondents. Aggrieved, the appellant has filed this appeal against the impugned order of the trial Court.

(3.) THE learned counsel submitted that, after the passing of the said order of maintenance of the status-quo, both the parties are abiding the said order and the appellant is continuing his possession on the lands in dispute. The counsel also submitted that in the trial Court, the respondents have filed their written statement and the suit is pending for framing of the issues. As such, without going into the merits of the case, the appeal be disposed of by maintaining the order of status-quo with the direction to dispose of the pending suit within a specified time. As the alleged order of interim relief is in force since 28.8.97 and the original suit is pending before the trial Court for disposal at the stage of issues, I consider it proper to dispose-of this appeal with the direction that the said order of maintenance of status-quo shall be strictly observed by the parties to the suit till the final disposal of the Civil Suit No. 4 A/97 pending in the Court of 1st Addl. Districit Judge, Shajapur. The trial Court is directed to expedite the trial of the pending suit and try to dispose of the same at the earliest possible, preferably before the starting of the next summer vacations of the Courts in May 2000.