Suresh Chandra Goyal vs State & Others

Manoj Kumar Tiwari, J

This is plaintiff's petition, under Article 227 of Constitution of India, against rejection of his temporary injunction application. Petitioner has also challenged the order 06.02.2018 passed by Ist Additional District Judge, Haldwani, District Nainital in Misc. Civil Appeal No. 02 of 2017 filed under Order 43 Rule 1 (r) C.P.C.

Petitioner filed a suit for cancellation of freehold deed and also for possession before the Court of Civil Judge (Senior Division), Haldwani, District Nainital, which was numbered as Civil Suit No. 57 of 2016. Alongwith the suit, he filed a temporary injunction application, which was rejected by learned trial Court vide order dated 24.01.2017. Feeling aggrieved, petitioner approached the Appellate Court, by filing Misc. Civil Appeal No. 02 of 2017, which too was dismissed vide order dated 06.02.2018.

This Court, vide order dated 18.05.2018, had directed the parties to maintain status quo, as regards the land in question.

Having regard to the fact that the aforesaid suit was filed by the petitioner in the year 2016 and nearly five years have gone by and no useful purpose would be served by keeping the writ petition pending.

Accordingly, with the consent of parties, the writ petition is disposed of with a direction to learned trial Court to hear & decide the aforesaid suit as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of the order. Learned trial Court shall decide the suit on its merit, untrammeled by the observation made in the judgment rendered by the appellate Court.

Till decision in the suit, parties are directed to maintain status quo, qua the land in question.