LAXMI NAND Vs. CHANDU RAM AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 19th January, 2010 passed by the learned Additional District Judge, Fast Track Court, Shimla whereby he confirmed the interim stay granted by the Civil Judge (Senior Division), Court No. 3, Shimla.

(2.) BRIEFLY stated, the facts of the case are that Respondents 1 to 5 (hereinafter referred to as the Plaintiffs) filed a suit against the Petitioner and Proforma Respondents Govind and Prem claiming that they are co -owners in possession of the suit land. It was alleged that all the co -owners of suit land had permitted the State Government to construct a road through the suit property which consists of 85 big has. The Plaintiffs alleged that after the road had been constructed the Defendants started constructing a building adjacent to the road near the Bus Stand. They allege that this is the most valuable portion of the property and till the land is partitioned no co -owner should be permitted to raise any construction upon the suit property.

(3.) IN view of the above discussion, the petition is rejected. However, keeping in view the fact that the suit was filed in the year 2009, the learned trial Court is directed to dispose of the same latest by 31st March, 2012. No costs.