Ashwani Kumar Mishra, J. - (1.) A suit for permanent injunction has been instituted by the plaintiff-petitioner, along with which an application for temporary injunction has also been moved, which has remained pending since the year 2014. It is stated that the defendant-petitioners have already been served in the matter, but no orders upon the temporary injunction application have been passed. Consequently, a prayer has been made to direct the court concerned to decide the temporary injunction application.
(2.) Reliance has been placed upon para 78 of the decision of the Apex Court reported in 2012(5) SCC 770: Maria Margarida Sequeira Fernandes and others v. Erasmo Jack De Sequeira (Dead) through LRs., which reads as under:- "It is a settled principle of law that no one can take law in his own hands. Even a trespasser in settled possession cannot be dispossessed without recourse of law. It must be the endeavour of the Court that if a suit for mandatory injunction is filed, then it is its bounden duty and obligation to critically examine the pleadings and documents and pass an order of injunction while taking pragmatic realities including prevalent market rent of similar premises in similar localities in consideration. The Court's primary concern has to be to do substantial justice. Even if the Court in an extraordinary case decides to grant ex-parte ad interim injunction in favour of the plaintiff who does not have a clear title, then at least the plaintiff be directed to give an undertaking that in case the suit is ultimately dismissed, then he would be required to pay market rent of the property from the date when an ad interim injunction was obtained by him. It is the duty and the obligation of the Court to at least dispose off application of grant of injunction as expeditiously as possible. It is the demand of equity and justice." Reliance has also been placed upon the decision of the Apex Court reported in (2013) 9 SCC 311: Lakshmi Alias Bhagyalakshmi and another v. E. Jayaram (Dead) By LR.
(3.) Considering the above, the petition stands disposed of, with the observation that the court concerned shall proceed to pass appropriate orders upon the pending application for grant of temporary injunction in Original Suit No.923 of 2014, either on the next date fixed or immediately thereafter by fixing short dates, in accordance with law. No adjournment would be granted to either of the parties, unless the aforesaid application is considered, except upon payment of cost.;