AKBAR Vs. MUNICIPAL COUNCIL AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner -plaintiff Akbar S/o. Subhan Khan against the order dt. 12.8.2009 passed by the learned Additional Dist. Judge , Bkaner in appeal No. 151/2009 -Akbar v. Municipal Council & Ors. whereby the learned lower appellate Court rejected the appeal filed by the petitioner -plaintiff and upheld the order dt. 7.8.2009 passed by the learned Civil Judge (J.D.) No. 1, Bikaner in Civil Misc. Case No. 144/2009 -Akbar v. Municipal Council, Bikaner & Ors: whereby the learned trial Court rejected the temporary injunction application under Order 39 Rules, 1 and 2 C.P.C. in a suit for injunction filed by the petitioner. The petitioner admittedly does not have any title or patta over the plot of land in question. When the respondent -Municipal Council, Bikaner put the said plot of land to auction it being the municipal land, the plaintiff -petitioner approached the trial Court by way of present injunction suit. With the concurrent dismissal of temporary injunction application, the petitioner came before this Court. This Court by ad -interim order dt. 24.8.2009 had directed that though prima facie the petitioner was in unauthorized occupation of the plot of land in question, however, for a period of two weeks, he may not be dispossessed from the land in question. That interim order has continued from time to time by different orders of coordinate benches up till now.

(2.) THE learned counsel for the respondents, Mr. S.S. Ladrecha for the Municipal Council has not been able to satisfy the Court about the finalization of any auction proceedings of plot in question even by now and no document in this regard is placed on record. Therefore, despite opposition of the present writ petition by the learned counsel for the respondents, this Court considers It expedient to dispose of the present writ petition with a request to the learned trial Court to expedite the trial and conclude the same preferably within a period of six months from today. However, till the conclusion of trial by the learned trial Court, the interim order granted by this Court on 24.8.2009 which has continued for last four years shall further continue for a period of six months without any extension of time. It is made clear that the same will not create any right or equity in favour of the plaintiff -petitioner and if the suit is ultimately dismissed, the defendant -respondent Municipal Council, Bikaner shall be free to proceed further in accordance with law. With the aforesaid observations, the present writ petitioner is disposed of. No order as to costs. A copy of this order be sent to the parties concerned and the learned trial Court below forthwith.