- (1.) HEARD .
(2.) THE Municipal Board, Sojat, has approached this Court by way of present writ petition against the temporary injunction concurrently granted by the learned two courts below vide the orders dated 28.03.2011 and 25.11.2010 respectively against the Municipal Board in mandatory form, directing the petitioner- Municipal Board, Sojat, to remove the road in question constructed by them on Plot No.6470-A, which the plaintiff/respondent claimed that it belonged to him. Mr. Suresh Shrimali, learned counsel for the petitioners, Municipal Board, Sojat submitted that the main relief of the suit itself has been granted by the court below in temporary injunction matter itself and, therefore, no such relief could be granted at that stage. He also submitted that while admitting the present writ petition, a coordinate bench of this Court on 30.05.2011, had stayed the operation of the impugned order Annex.4 dated 25.11.2010 and order Annex.6 dated 28.03.2011 and had directed that status quo with regard to property in question and so also the road in question dispute, shall be maintained. He further submitted that stay order is still continuing and, therefore, the learned trial court may be requested to expedite the trial of the suit itself and till then the interim protection granted by this Court, may be continued.
(3.) LEARNED counsel appearing on behalf of respondent/plaintiff, Mr. L.R. Upadhyay, however, submitted that the relief granted by the impugned order is justified and the writ petition deserves to be dismissed.;