HARIHAR DUBEY Vs. VIDYA SAGAR TIWARY

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Ranjan Kumar Dubey and the respondents.

(2.) This appeal is directed against the order dated 29.05.2008 passed by 7th Subordinate Judge, Saran at Chapra in Title Suit No. 178 of 2008 whereby prayer of the plaintiff for grant of an injunction on the petition filed under Order 39 Rule 1 and 2 read with Section 151 of Code of Civil Procedure, was rejected.

(3.) Mr. Dubey learned counsel for the appellant submits that the disputed land in the aforesaid suit is Khata No. 106, Khasra No. 2500, measuring area of 15 Katha and 12 dhoors. It is further submitted that by order 23.07.2008 while issuing notice to the respondent in injunction matter, this court directed that in the meanwhile, status quo shall be maintained. It is further submitted that by order dated 03.08.2009 while issuing notice to the respondent nos. 1,7,8 and 12, this court directed to maintain the status quo since the trial of the suit is not stayed and further observed that the suit be disposed of expeditiously, preferably within a period of six months from today. It is further submitted that recording of evidences in the court below is going on.