- (1.) The petitioner, by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for a direction upon respondent Nos. 2 to 6 to protect the easement right of the petitioner and further to restrain the respondent Nos. 7 and 8 to raise any construction by the side of petitioner's wall till the decision of temporary injunction petition filed in pending Title Suit No. 84/2012. It is further prayed for direction to the court below concerned for expeditiously hearing of the said injunction petition filed by the petitioner.
(2.) Heard the learned counsel for the petitioner and perused the materials placed on record.
(3.) It appears that Title Suit No. 84/12 has been filed by the petitioner-plaintiff before the court below under Order 39 CPC, which is pending for consideration, as defendant Nos. 7 and 8 started raising construction of wall, which is likely to affect easement right of the petitioner. It appears that the said application is pending for consideration since June 2012 before the court below. It appears that petitioner-plaintiff moved an application dated 30.6.12 praying therein to decide the injunction matter expeditiously. It further appears that the said injunction application has not been taken up for hearing and therefore, present petition is moved before this Court under Article 227 of the Constitution of India by the petitioner.;