Full Judgment
Writ Petition No :
2417. / 2013 Mohan Singh Gond versus Ram Bal Singh and others 25.02.2013.
Shri Umesh Shrivastava for the petitioner.
Challenging the concurrent orders passed by the trial court and the appellate court in rejecting the application for temporary injunction filed by the petitioner, this writ petition has been filed.
Having heard learned counsel for the petitioner and on a perusal of the order passed by the trial court and the findings recorded in paragraph 8, it is seen that the trial court has recorded a finding that on the date of presentation of the suit, the possession of the plaintiff on the suit property is established and, therefore, injunction is granted.
The said injunction is affirmed by the appellate court also.
Even though Shri Shrivastava tried to emphasize that from the revenue records the possession of the plaintiff is not established, the fact remains that concurrent findings have been recorded by both the courts based on the actual possession on the date of filing of the suit and the said finding is recorded after due consideration of the material available on record and I see no perversity in the same warranting interference into the matter.
As the concurrent finding recorded by both the courts seems to be reasonable in nature, I am not inclined to interfere into the matter.
However, learned court below is directed to make an endeavour to dispose of the suit in accordance with law after hearing all concerned, within a period of six months.
Accordingly, the petition stands dismissed.
(RAJENDRA MENON) JUDGE Aks/-