SUNIL KUMAR CHAURASIA Vs. SUBODH JHA

JUDGEMENT

(1.) I.A No. 979 of 2018

(2.) This writ petition was filed way back on 21.07.2010. The petitioner is aggrieved of rejection of Civil Misc. Appeal No. 10 of 2009 by which the appellate court has declined to interfere with order dated 18.11.2009 passed in the application for temporary injunction filed by the plaintiff. By order dated 06.09.2010 this Court granted an order of 'status quo'. In the meantime, the defendant who was debarred from filing written statement moved an application for treating his showcause reply filed to the application for temporary injunction as written statement. Against dismissal of this application vide order dated 31.08.2013 in Title Suit No. 31 of 2009, the defendant came to this Court in W.P.(C) No. 6224 of 2013. The writ petition stood allowed by an order dated 27.02015 permitting the defendant to rely on the documents which were produced by him along with the showcause reply filed to the application for temporary injunction. The defendant was also permitted to examine himself or any other witness. Even after about three years when the suit was finally not disposed of, the petitioner has filed an application for direction being I.A No. 979 of 2018.

(3.) Mr. Rupesh Singh, the learned counsel for the petitioner submits that since the parties have maintained 'status quo' in compliance of order dated 06.09.2010, the application for temporary injunction need not be adjudicated on merits and this writ petition may be disposed of with a direction to the trial court to dispose of Title Suit No. 31 of 2009, expeditiously.