Madhya Pradesh High Court
Aasif vs Rajkumar on 21 July, 2010
Writ Petition No. 356 of 2008
21072010
Shri R. B. Patel, learned counsel for the petitioner.
This petition is directed against an order dated 21092007 (AnnexureP/1)
passed by III Additional District Judge, Sagar, in Misc. Civil Appeal No. 12/2007
confirming the order dated 13032007 (AnnexureP/2) passed by Second Civil Judge
ClassI, Sagar in Civil suit No. 7A/2007. Both the Courts below have dismissed the
application filed by the petitioner under Order 39 Rule 1 and 2 of the Code of Civil
Procedure. It is stated at the Bar that the trial of the case has commenced and the
evidence is going on.
This petition was filed on 712008 and on 122008 an ad interim order was
passed by this Court to maintain status quo in respect of the suit land as on that date,
which is continue till date.
Since the trial of the case has commenced, we direct the trial Court i.e. Second
Civil Judge ClassI, Sagar, to hear and decide the Civil suit No. 7A/2007 as
expeditiously as possible or within a period of six months from today.
For a period of six months or till the decision of the civil suit whichever is earlier
it is directed that the order dated 122008 shall continue. A liberty is granted to
respondent that in case he feels aggrieved by this order then he may file an application
for review of this order, in that circumstances, Shri R. B. Pastel, learned counsel for the
petitioner shall accept notice on behalf of the petitioner and in that regard his
Vakalatnama shall survive.
The petitioner is directed to produce certified copy of the order before the trial
Court within a period of two weeks from today.
Certified copy as per rules.
(Krishn Kumar Lahoti) (Sanjay Yadav) sc J U D G E JUDGE