Judgment:
Writ Petition No ::
13098. / 2012 Shivlal Kori and others versus Tilakdhari Kori and State of MP 03.04.2013.
Shri S.P.Dubey for the petitioner.
Shri Rajesh Tiwari, Government Advocate, for State/respondent No.2.
Challenge in this writ petition under Article 227 of the Constitution is made to concurrent orders passed by the trial court and the appellate court in the matter of granting injunction to plaintiff/respondent No.1.
Respondent No.1 plaintiff and the petitioners are brothers and it is stated that on the basis of consent of plaintiff, certain partition of the family property took place before the Tehsildar.
However, thereafter plaintiff filed the suit in question seeking restoration of possession and declaration.
In the said suit an application for temporary injunction was filed.
Based on the evidence and material that came on record, the learned trial court found prima facie possession of the plaintiff/respondent No.1 established and finding him to be in possession, injunction was granted protecting his possession.
Appeal filed having been rejected by the appellate court, petitioners are before this Court.
Having heard learned counsel for the parties and on going through the concurrent orders passed by the Court, I see no reason to interfere with the finding of possession recorded concurrently by both the courts.
Accordingly, in the facts and circumstances of the case, finding no reason to interfere, the petition is dismissed.
However, the trial court is directed to expedite hearing of the 2 Writ Petition No ::
13098. / 2012 Shivlal Kori and others versus Tilakdhari Kori and State of MP suit and dispose it in accordance with law after hearing all concerned, preferably within a period of six months from the date of receipt of certified copy of this order.
With the aforesaid observations, the petition stands dismissed.
Certified copy as per rules.
(RAJENDRA MENON) JUDGE Aks/-